What About Social Security Benefits In Divorce?

For millions of Americans, divorce offers a new, healthier start for both spouses. Like any legal agreement between two people, terminating a marriage can have long-term legal consequences. Aside from the usual shorter-term property division issues and custody, getting a divorce can also affect your retirement benefits later in life.

Retirement & Requirements If you & your spouse are considering a divorce and have been married for at least 10years, each of you may be eligible to collect retirement benefits on your spouse's Social Security if you meet certain conditions. You must both be over age 62 when you begin collecting, and you must not have remarried since the

divorce.

If you did remarry, but that marriage has ended, you may still be able to collect. Of course, the spouse whose benefits you wish to claim must be eligible to receive it as well. In most cases, collecting retirement on a former spouse's Social Security does not affect the amount paid to the former spouse or his or her dependents.

The income claimed by a former spouse is largely independent of that person's own Social Security. This allows people approaching retirement age the opportunity to receive retirement assistance for the years they spent contributing to the system during a former marriage without jeopardizing the benefits of their former spouse or their benefactors.

Survivors The Social Security Administration also offers survivors' benefits to people whose spouses have died recently. If your marriage lasted for at least 10years, you might be able to collect survivors' benefits from an ex-spouse, just like with retirement. Likewise, remarrying will usually make you ineligible to collect these benefits unless your later marriage has also ended.

If you are considering a divorce, recognizing these factors can help you and your spouse plan for the future. It's never too early to initiate planning for your retirement. The retirement aid provided by the Social Security Administration
should factor into these plans. An accomplished divorce attorney can assist you in understanding and winning the benefits that you deserve.

If you get into an unfortunate situation of dissolving your marriage, consideration to detail & willingness to fight for your rights are essential in getting started on a positive path toward your future. If you need an accomplished, dedicated, and inspiring lawyer to represent you, please call 1- 714~733-7066, the law office of Jos Family Law, the top Costa Mesa divorce attorney today.

1 visits · 1 online