ABA Family Legal Guide

The Rights of Older Americans

Pensions

Traditional Pension Plans

What are a divorced person's rights to an ex-spouse's pension benefit?

In order to be eligible, the divorced person must have been married to the worker for at least one year. State law governs the pension rights of divorced spouses. In most states, these benefits are part of the marital property divided during the divorce. If a divorced spouse is granted a share of pension benefits either through a property settlement or a court order, he or she can collect the appropriate sum when either