What Should I Know About Divorce and Social Security Benefits?

social security benefits

Making the decision to divorce your spouse is never easy. Not only is it a very emotional time, but it can be mentally exhausting. This is due to the fact that marriage is a legal union, so divorce can be a taxing process to endure. If you are considering divorce or have been served papers, you may wonder what will happen to the Social Security benefits you would have received on behalf of your spouse. Keep reading to learn more and discover how divorce attorneys in Nassau County can help ensure you receive the benefits you are entitled to.

Will My Social Security Benefits Suffer After Divorce?

If you and your spouse divorced, you may think you are unable to receive the spousal benefits you were entitled to. However, this is not the case. If you were going to receive social security benefits on behalf of your spouse while married, you can still receive compensation after divorce.

If you meet the requirements, you are able to receive up to 50% of the amount your spouse receives.

For individuals whose ex-spouse applies for benefits, fear not. Your monthly income from social security is not affected by their payments. This means you will still receive the full amount of benefits you are entitled to. In fact, you won’t even receive a notification when your ex-spouse applies for divorced spouse benefits.

Who Is Eligible for Divorced Spouse Benefits?

To apply for divorced spouse benefits, there are a few requirements you must meet in order to start receiving payments. They include the following:

  • At least 62 years old
  • Married  to your ex-spouse for at least ten years
  • Unmarried

These benefits are only available to those who meet these requirements. Similarly, you must not be claiming your own Social Security benefits. If the divorced spouse payments are higher, you can apply to claim those, but your other earnings will cease.

If you meet the requirements, you can apply even if your spouse hasn’t started claiming their benefits. However, you cannot begin receiving payments until two consecutive years have passed after your divorce.

What Happens if I Remarry?

If you get remarried, you lose the ability to receive benefits, even if you qualify. The Social Security Administration will cease payments. The only exception to this is if you receive survivor benefits on behalf of a deceased spouse, granted you are older than 60 when you remarry.

However, if your divorced spouse remarries but you have not, you can still collect payments.

If you’re going through a divorce, ensuring you retain the guidance of an experienced lawyer is essential to getting the financial compensation you are entitled to. Contact Barrows Levy PLLC today to discuss the details of your case with a professional.

Contact Us Today!
  • This field is for validation purposes and should be left unchanged.