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Dividing Retirement Benefits at Divorce

Resources / Technical Assistance Bulletin / Dividing Retirement Benefits at Divorce

At the time you’re going through your divorce, retirement may be the last thing on your mind. However, retirement benefits are very valuable and can ensure your economic security in old age. It’s important to know that you can ask for a share of your spouse’s retirement benefit in your divorce.

Even if your divorce decree awards you a share of the retirement benefit, though, you might still not be able to receive it unless you take certain additional steps after your divorce. If you wait too long after your divorce, obtaining a share of your former spouse’s retirement benefits may become more difficult or even impossible. This guide gives you some tips on how to be sure you receive any benefits you were awarded at divorce.

This is a project of the NCJFCJ’s Resource Center on Domestic Violence: Child Protection and Custody, Pension Rights Center, and the National Clearinghouse on Abuse in Later Life.