Can My Ex Get My Social Security After a Divorce?

As you know, when it comes to divorce, often, a lot is on the line, especially if you and your spouse cannot agree on who is entitled to certain assets. Of course, certain assets are priorities, such as your home, your vehicles, and other real estate properties. However, and this is especially true if you are older, you should consider how Social Security works for divorced spouses. Please continue reading and reach out to our experienced Los Angeles divorce attorneys to learn more about how Social Security works when spouses get divorced. Here are some of the questions you may have:

Do divorce decrees involve what happens with Social Security?

Typically, they do, especially for couples who have been married for at least 10 years. As long as at least one of those spouses worked for at least 10 years during the course of the marriage, the divorce decree should grant the other spouse access to their Social Security benefits. In certain cases, divorce degrees will specifically say that the other spouse is not entitled to their spouse’s benefits, but this is seldom the case.

Will withdrawing from my spouse’s SS benefits hurt my spouse?

No. If you and your spouse both worked for at least 10 years during the course of your marriage, you can choose whether you receive your SS benefits or your spouse’s. Of course, if your spouse’s benefits are better, you’d rather choose those. Further, choosing your spouse’s benefits will not cost him or her a dime. Once you reach the age of 62, you may claim your former spouse’s SS benefits, even if he or she has not yet claimed those benefits him or herself.

Does my ex need to sign off on giving me his or her Social Security benefits?

For many, they believe receiving Social Security benefits from their former spouse will be a struggle, especially if they aren’t on speaking terms. Fortunately, you do not require your former spouse’s permission to receive his or her Social Security benefits. Instead, all you have to do is provide Social Security with your former spouse’s SS number and their place and date of birth. As long as you can do this, you should receive his or her Social Security benefits. For any additional questions regarding Social Security benefits or the divorce process in general, all you have to do is speak with our competent legal team. We are always here to help.

Contact our experienced Los Angeles firm

Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.

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