If I am a teacher and pay into TRS instead of social security, is my husband entitled to half of my TRS benefits?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I am a teacher and pay into TRS instead of social security, is my husband entitled to half of my TRS benefits?

And if so, am I entitled to half of his social security?

Asked on July 20, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The TRS  - Teacher Retirement System - is a pension like plan and the money that has been depositied during the marriage is subject to distribution in a divorce. The distribution order in known as a QDRO.  Now, as to his social security benefits, you don't receive half of his.  You receive benefits based upon his ability to receive them.

A person can receive benefits as a divorced spouse on a former spouse’s Social Security record if he or she:

  • Was married to the former spouse for at least 10 years;
  • Is at least age 62 years old;
  • Is unmarried; and
  • Is not entitled to a higher Social Security benefit on his or her own record.

How this works with TRS is best explained by ana ttorney in your area.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption