I was in a 10 year + marriage ending in divorce. Will I receive 1/2 of my ex-husband's Social Security at retirement?

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I was in a 10 year + marriage ending in divorce. Will I receive 1/2 of my ex-husband's Social Security at retirement?

Anonymous Mar 21, 2015 Business 3 views 4 answers

I have been divorced for 16 months. My ex-husband earns much more money than I do. In my divorce papers, section 28 - Entire Agreement: Mutual Releases, addresses Social Security rights as "respective separate property. . . and each party waives the provisions of California Civil Code Section 1542." I did not have a lawyer because I could not afford one. It looks like I signed the document without it being clear to me. Will I need to go back to court to have this nullified?

Edna Straus · Answer 1 · 2026-06-15T14:00:14+00:00

You will receive social security benefits (upon your reaching retirement age) based in part on husband's earnings. California court cannot divide social security benecitz, as they are federal.

Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA · Answer 2 · 2026-06-15T14:00:14+00:00

Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA

Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA · Jun 15, 2026

No. You waived it and, as attorney Straus points out, it can't lawfully be divided as community property.

0 upvotes

Bernie Johannes KempenDivorce / Separation LawyerSan Francisco, CA · Answer 3 · 2026-06-15T14:00:14+00:00

You will get the derivative benefits from your ex husband's social security, or your own social security, whichever is greater. This will not affect any social security benefits your ex husband will receive. Note though that his social security income and your social security income will be available to determine support, if any.

I was in a 10 year + marriage ending in divorce. Will I receive 1/2 of my ex-husband's Social Security at retirement?

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