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If a Montana Common-Law Spouse Becomes Divorced, What Benefits Will She Receive?
(Posted July 17, 2012)
Question 887: I have been common-law married to my husband for 21-1/2 years. We have 2 girls, ages 20 and 19, and we own our own home together. My husband was injured and receives full disability. If we separate and divorce under Montana law, do I receive any retirement funds? When would I be eligible?
Answer: By law, you could receive a Divorced Spouse Annuity at 62. It would be reduced for your own Social Security benefit.
As part of the property settlement, the Tier 2 of your husband's Disability Annuity could be divided between the two of you. Those payments would start immediately following the final divorce decree.
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