Divorce and Social Security Benefits
Locate a Local Family Lawyer
Can Divorce Affect Social Security Benefits?
Yes, divorce can affect social security benefits. However, the affects may not necessarily be negative.
How Does Divorce Affect Social Security Benefits?
If one spouse was the primary earner in the household, then the other spouse may be entitled to 50% of that spouse’s social security benefits, even though hey are divorced. Below are some important requirements that someone who is seeking to collect on their ex-spouse’s social security benefits should keep in mind.
- Age – The age of early retirement is 62, full retirement kicks in at 66 and maximizes at 70. There is an earning cap that comes into consideration, even if someone is collecting on their ex-spouse’s income and not their own. However, as long as someone is 62, and divorced, they are eligible to file on their ex-spouse’s work record.
- Length of Marriage – The marriage must have lasted at least 10 years. Moreover, the couple must have been divorced for two years before either spouse will be eligible for the benefits of their ex.
- Amount of Benefits – To be eligible for a portion of a divorced spouse’s social security, their benefits must be higher than the other spouses.
- Surviving Spouse – There is one exception to the age requirement, which is for those who have outlived their spouse. In the case where a couple was married for 10 years, and one of the spouses is deceased, the surviving spouse can collect on the deceased spouse’s benefits. Once the surviving spouse turned 60, or 50 if the surviving spouse is disabled, they can begin collecting benefits.
What If I Get Remarried?
Once a spouse remarries, they will no longer be eligible to collect on their divorced spouse’s social security benefits.
Will My Divorced Spouse Know I Am Collecting on Their Income?
No, and collecting on their work record will have no effect on how much of their own benefits that ex-spouse is entitled to.
Should I Seek Legal Advice?
If you are planning on collecting social security benefits, an experienced social security lawyer can help you plan for doing so. In addition to the considerations above, things like pensions or strategies regarding age can play a vital role in maximizing your benefits.
Consult a Lawyer - Present Your Case Now!
Last Modified: 06-02-2014 04:41 PM PDT
Link to this page