If I am a teacher and pay into TRS instead of social security, is my husband entitled to half of my TRS benefits?
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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 12 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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