Legal Question in Family Law in Louisiana

I divorced in 1992 after being married for 12 years. I have remarried since. I have been married for 15 years. I was wondering what rights does the ex-wife have in the event of death. Does she have any rights to social security? She has been married twice since we divorce.


Asked on 2/05/10, 11:28 am

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Yes. She is entilted to death and retirement benefits attributable to the years you were married. In other words, if you worked for thirty years and were married to her for ten of them, she is entitled to a spouse's share of 1/3. This applies to all of your retirement benefits too. It gets complicated, but that is it in a nutshell.

I recommend gathering your retirement and other benefit information and speaking to a lawyer and/or an accountant who handles retirement matters. Most divorce lawyers can also explain it to you, but it isn't something that you can hash out online. You need to sit down with them.

My best advice is to try to speak to your accountant first, as I assume you will be doing so in the very near future in preparing your taxes this year. He can probably point you to someone that can help you.

Read more
Answered on 2/11/10, 11:13 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Louisiana