There are many emotional and financial consequences of divorce, some of
which are long-lasting. Once such consequence is how divorce affects a
spouse's Social Security benefits. Did you know that when someone
gets divorced, they may qualify for benefits on their spouse's record,
even if their spouse remarries?
If you are considering divorce in Nassau County, it's important that
you be aware that your spouse may be entitled to Social Security benefits
on your record. If your soon-to-be-ex will be receiving a pension based
on work that was not covered by Social Security; for example, foreign
work, then their Social Security benefit on your record could be affected.
In order for you divorced spouse to qualify for benefits on your record,
he or she must meet the following requirements:
- They must have been married to you for at least 10 years.
- They must be at least 62 years of age.
- They must be unmarried, but you can be.
- They cannot be eligible for an equal or higher benefit on their own Social
Security record, nor can they be eligible for a higher benefit on anyone
Will my benefits be affected?
When our clients discover that their divorced spouses are entitled to their
Social Security benefits, they are often concerned that this would affect
their benefit payments. If you're uneasy about your ex-spouse receiving
benefits on your record, you don't have to worry.
The good news is that even if your ex is entitled to benefits on your record,
it will have no effect on the amount of benefits that you or your new
husband or wife may receive.
What if my ex-spouse remarries?
If your ex-spouse is receiving benefits on your record and he or she remarries,
they generally cannot collect benefits on your record unless their marriage
ends by annulment, divorce, or death.
If your ex-spouse has yet to apply for retirement benefits, but would qualify
for them, you can receive benefits on their record as long as you have
been divorced for at least two years. However, we will need to further
explain your options, including the choice of receiving only your spouse's
benefit for now and delaying your own retirement benefits until a later date.
For more divorce advice, contact a Nassau County divorce attorney from
Jason M. Barbara & Associates, P.C. for a
free case evaluation!