Can my husband take my retirement if we divorce?
Divorce is one of the times you can access your IRA or 401(k) before retirement and pay no tax. This happens if the judge assigns part of your account to your spouse in the divorce settlement. You spouse may receive some, all or none of your retirement account, depending on your situation.
Is a spouse entitled to retirement?
A pension earned by one spouse is usually considered a joint asset, as are other retirement accounts, such as 401(k)s, 403(b)s and IRAs, though state laws govern the latter. But it's important to remember that if you and your spouse signed a prenuptial agreement protecting your pension plan, your pension remains yours.
How long do you have to be married to get part of your spouse’s retirement?
If your spouse is already receiving Social Security retirement benefits, you must be at least 62 years old and have been married for at least 1 year to receive Social Security spousal benefits.