Quick Answer: Can My Second Wife Get My Pension?

Is second wife eligible for pension?

“The personal law applicable to them permits customary second marriage,” said the bench.

The court held that the marriage was not void, and therefore, the second wife Ganeshibai, can be termed as the widow of Ghasiram, deceased railway employee, and in view of Rule 75, she is entitled to the family pension..

How long do you have to be married to receive your spouse’s pension?

En español | To receive a spouse benefit, you generally must have been married at least one year.

Can a second wife collect Social Security?

As a spouse, you have the option of claiming a Social Security retirement benefit based on your own earnings record or collecting a spousal benefit equal to half of your spouse’s Social Security benefit.

What happens to my pension if my ex wife dies?

Most pension plans automatically pay a surviving spouse benefit to the current spouse at the time of the employee’s death. It is not uncommon for the death benefit to be paid to the new spouse – even if the former spouse was specifically awarded the benefits under the divorce decree.

Will I lose my husbands pension if remarried?

If a woman decides to remarry, her entitlement to a widow’s pension lapses at the end of the month following the new marriage. … If a widower decides to remarry, he is no longer entitled to a surviving spouse’s pension either, although in this case, the orphan’s pensions continue just as for a widow.

Can ex wife claim my pension years after divorce?

The Canada Pension Plan (CPP) contributions you and your spouse or common-law partner made during the time you lived together can be equally divided after a divorce or separation. This is called credit splitting.

Can a divorced woman collect her ex husband’s Social Security?

A divorced spouse may be eligible to collect Social Security benefits based on the former spouse’s work record. … If the requirements are met, the divorced spouse can receive an amount equal to as much as 50% of their ex’s benefits.

Can my wife take my 401k in a divorce?

Any funds contributed to the 401(k) account during the marriage are marital property and subject to division during the divorce, unless there is a valid prenuptial agreement in place. … For example, if your spouse also has a retirement account worth a similar amount, you may each decide to keep your own accounts.

How is pension calculated in divorce?

A court, in issuing a decree of divorce, is empowered to allocate a portion of the pension interest to the non-member spouse. … “In these cases, the non-member spouse is entitled to have the value of the pension assets included in a calculation aimed at dividing the joint estate, or the value of an accrual claim.

Is my ex wife entitled to my pension if she remarries?

A share of a monthly pension paid as marital property to a former wife usually does not stop if she remarries. Alimony usually means monthly support payments (or sometimes, a lump sum) paid by one spouse to the other “dependent” spouse.

Can I get my ex husband’s pension if he dies?

Although a widow pension is designated for the current spouse of the deceased, Social Security doesn’t have that same restriction. If you were married to someone for 10 years or longer, you may be entitled to a portion of your ex-husband’s Social Security even if he’s still alive.

Can my ex wife claim my inheritance?

Rather than use the word “claim”, an inheritance forms part of the “pot” of assets to be divided up in a divorce and will be included only if it is deemed “fair” to do so. If the needs of the parties, and any children, cannot be met without using a legacy, then it is likely to be included. Each case is fact specific.

Will my wife get half my pension if we divorce?

While a pension can be divvied up between spouses during divorce, that division isn’t automatic. … While that means your spouse would be able to lay claim to half, he or she would be limited to what was earned during the course of the marriage.

When can I collect my ex husband’s pension?

“A widow or widower can receive full benefits at full retirement age or reduced benefits as early as age 60 or age 50 if disabled,” she said. “If you are taking care of your ex-husband’s child who is under age 16 or disabled and you haven’t remarried, then you can start receiving benefits at any age.”