Can a Divorce Impact My Social Security Benefits?

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When getting a divorce from your spouse, there are many things you will need to consider. From who gets custody of children to how debt will be divided, the process isn’t as simple as singing on the line. However, one thing you may not consider when filing for divorce is how it will impact your social security benefits. If you’re concerned about your benefits after you separate from your spouse keep reading to learn more about the process of applying for social security benefits after a divorce. You’ll also discover how a Suffolk County divorce attorney can help.

What Are the Rules for Social Security Benefits for Divorcees?

Generally, there are guidelines set in place to ensure your spouse can still receive benefits, even if you divorce. If you meet the qualifications, your spouse is eligible for benefits if the following apply:

  • You were married for at least ten years
  • Your ex-spouse is still unmarried
  • They are at least 62 years old

Generally, your spouse will receive up to one-half of the amount you receive each month for your payments. However, this will not decrease your monthly earnings. Similarly, if your spouse meets the requirements and applies, you will not be notified. This is due to the fact that their payments do not impact your social security benefits.

What Happens if I Remarry?

If you remarry and you have been receiving earnings from your ex-spouse’s benefits, the payments will cease. However, if your ex-spouse remains unwed but you get remarried, your ex will still be eligible for benefits.

The only exception for this circumstance is if you are receiving benefits on behalf of a deceased current spouse. If you get remarried after you turn 60, you should still be able to obtain payments from your first spouse. However, if your former spouse passes away and you are still unmarried, you can receive benefits if you were married for at least ten years.

Are There Any Caveats?

The process of applying for divorce benefits can be tricky, as many steps and qualifications must be met to start receiving benefits. This also means there are a few other stipulations that surround the process.

For example, if your ex hasn’t started receiving benefits yet, you don’t need to wait until they do to apply if you meet the qualifications. However, there is a waiting period of two consecutive years in which you must remain unmarried before you can start receiving benefits. Also, if you qualify for both your own and your spouse’s benefits, you will not receive both payments. Instead, you will receive the higher amount.

If you’re worried about how a divorce will impact your social security benefits, investing in the guidance of a seasoned divorce lawyer can help give you peace of mind. Reach out to Peter V. Mandi & Associates today for a free consultation.

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