Will a Divorce Impact My Social Security Benefits?

social security benefits

Getting divorced isn’t always an easy decision, given the overwhelming emotional and legal implications you can expect. However, sometimes it is for the best. If you’re planning on filing for divorce or were recently served divorce papers, knowing whether or not you are entitled to your ex’s social security benefits is essential. This is a common worry for many older couples planning on divorcing. If you’re curious to learn more, keep reading. You will also discover how Los Angeles gray divorce attorneys can help you receive the money you’re entitled to.

What Are the Rules for Social Security Benefits After Divorce?

Generally, the guidelines surrounding social security benefits for divorced couples are simple. If you wish to collect social security benefits on behalf of your ex-spouse, you will need to meet the following criteria:

  • You are at least 62 years old
  • You were married for at least ten years
  • You are unmarried

If you meet these requirements, you can apply to receive social security benefits on behalf of your spouse. These rules also apply to same-sex couples.

However, the requirements change slightly if your ex-spouse passes away. After their death, you are entitled to up to 100% of a death benefit. However, the ten-year marriage period still applies. It’s also important to note that if you remarry after age 60, you can still receive death benefits on behalf of your ex-spouse.

How Much Can I Receive?

Generally, you will receive half of the monthly payments your ex-spouse receives. This does not mean that their benefits are impacted, however. They will still receive the entire amount of money they are entitled to.

If you have been married and divorced twice, with both marriages lasting at least ten years, you would qualify for both benefits. However, this does not mean you will receive both payments. The Social Security Administration would grant the higher amount. This also means that if you qualify for your own benefits, as well as your ex-spouse’s, you would not receive both amounts but instead the one of higher value.

What Happens if I Get Remarried?

If you remarry, you no longer qualify for divorced spouse benefits anymore. The only exception to the rule is if your ex passed away and you remarried after you turned 60.

However, if your ex-spouse remarries, it does not impact your ability to collect payments on their behalf. In fact, they won’t even be notified if you apply to receive benefits on their behalf, since it does not impact their ability to collect their own benefits.

If you’re planning on getting divorced or have been served papers, ensuring you have a competent divorce attorney on your side, no matter your age, is essential. Don’t wait to reach out to The Zitser Family Law Group, APC. We will do our best to ensure you get the money you are entitled to during your divorce.

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