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


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

Answered 8 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.

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