If there is any one thing you can take away from my Youtube channel is that if you’re a divorcee, when you receive SPOUSAL benefits that has NO affect, none whatsoever, on your ex’s benefit.
Please do not forget this. Your benefits are not tied to your ex’s. Which mean that any divorce decree you signed is completely irrelevant. That letter you signed carries NO weight. Nothing.
No judge is going to say “Oh, sorry Ms. smith, you signed this letter that says you won’t get your benefits.” Nope, not going to happen.
If anything, you may be able to hold out for MORE of the total assets in the division because YOU are going to receive less benefits.
Think about it like this. Your hub has $500,000 in his 401k. You have 0. You have no Social Security benefits on your own record because you didn’t work. So, your benefit will be solely the spousal benefit, which is half of his.
The judge is going to split the 401k in half, 50/50 under the QDRO rule.
So maybe you should throw it out to the judge that because you did the work at home and made no income you essentially sacrificed your own Social Security benefits and thus should be given more of the 401k than a 50/50 split because you’re only getting $1400 when he is getting $2800.
I have NO CLUE if that would hold any water. But certainly something to think about.
Either way, just remember, your benefit will not affect your ex’s. Do not fall for the idea that a divorce decree will be held against you. It won’t.