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Social Security Benefits After Divorce
from: Jean MahserjianDivorce does have some effects on social security benefits. The
basics are quite simple. If you are entitled to receive social
security benefits based upon your own earnings record, you will,
of course, be able to collect social security after divorce
based on that earnings record. However, if you were married for
ten or more years, you might be able to collect social security
benefits under your spouse's record after you are divorce. There
are a few qualifications that you must deal with.
The first issue to be addressed is the amount of time that you
were married before the divorce. To collect social security
benefits based upon your former spouse's earnings record, you
must have been married for at least ten years. If you or your
spouse are considering divorce, this ten year time limit might
be an important issue. For example, if you have been married for
just nine years, and if having this social security benefit
after divorce will help you, you might want to negotiate a one
year separation before the divorce. That way, you have preserved
your ability to collect social security under your soon to be ex
spouse's earnings record after the divorce. The one year
separation could have some impact upon other rights that you
need to address. So, it is a good idea to discuss this issue
with your divorce attorney or with an accountant before
finalizing a separation or divorce agreement.
You cannot collect social security under an ex spouse's earnings
record if you remarry. So, if you have carefully preserved this
benefit after divorce, you might want to be very careful about
remarrying. You can collect social security benefits under the
next spouse's earnings record, but the same time rule will
apply. That is, you must remain married to that individual for
ten years before you can collect social security under their
earnings record.
Many people simply want to know how much they will collect in
social security benefits. The general rule when collecting
benefits under someone else's earnings record is that you cannot
collect more than fifty percent of that person's benefit. So, if
your spouse or ex spouse is going to receive a monthly benefit
of $1500, you cannot collect more than $750 if you collect under
their earnings record. You need to know what your own benefit
will be to decide if you would be better off collecting under
your own earnings record or under a spouse or former spouse's
earnings record after divorce.
The rules that pertain to collecting social security after
divorce are different than the rules that pertain to collecting
social security after the death of a spouse to whom you are
still married. THose rules should not be confused.
You can always check with the social security administration to
find out what your social security rights and benefits are. The
social security administration also maintains a website that you
can interact with to figure out your rights and benefits.
About the author:
Jean Mahserjian has practiced family law for close to two
decades and is the author of many books devoted to helping
consumers understand family law, including the issues of child
custody and support. To download free excerpts from her family
law books, visit:
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