Greetings. The best place to look for questions on social security is the social security website:
The general rule is that you must be married for 10 years to be entitled to your spouses’ social security benefits. You cannot change or modify social security benefits by a separation agreement.
Retirement plans, such as 401(k) and pensions, are divisible in separation agreements. But, even if you divide them in an agreement, you will still require a Qualified Domestic Relations Order to obtain the funds.
Moving out of state may affect the divorce, but the bigger question is why not complete your separation agreement prior to leaving and WELL BEFORE the divorce, so that you do not lose your rights to alimony and equitable distribution? Best of luck!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.