Many financial implications come with getting a divorce. That is, you and your former spouse will likely have to divide your marital assets, which may include your home, cars, and worth mentioning, your Social Security benefits. Continue reading to learn how your divorce may influence your Social Security benefits and how an experienced New Jersey SSD attorney at The Law Offices of Sheryl Gandel Mazur can help you navigate this situation.
Will I receive my former spouse’s Social Security benefits after our divorce?
The bottom line is that you may be eligible to receive your former spouse’s Social Security benefits, or vice versa, even after your divorce. Specifically, for you to be able to be the recipient of your former spouse’s benefits, you must meet some, if not all, of the following requirements:
- You and your former spouse were married for 10 years or more.
- You are at least 62 years of age.
- You have not yet remarried.
- Your former spouse’s Social Security benefits total greater than your own.
With that being said, even if you collect your former spouse’s Social Security benefits, you may still be able to collect your own benefits. However, this does not necessarily mean that you will receive a doubled amount of benefits.
Instead, the Social Security Administration (SSA) will look at both your and your former spouse’s work history. And if they determine that you can earn more with your former spouse’s benefits, you may receive your own benefits first before you receive the difference from your former spouse’s benefits. Overall, the SSA will ensure that you do not receive more or less than you are entitled to receive after your divorce.
How else will a divorce influence my Social Security benefits?
Many variables play into how your Social Security benefits will be impacted by your divorce. So, without further ado, below is a comprehensive list of potential circumstances and their resolutions:
- Your former spouse has not requested their benefits yet: you can start receiving your benefits regardless. This is so long as you wait and stay divorced for two consecutive years.
- Your former spouse has passed away: you can start receiving survivor’s benefits. This is so long as you were married for 10 years or more and you are 62 years old or older.
- Your former spouse has remarried: you can still receive their benefits regardless. This is so long as you do not get remarried yourself.
If you require further assistance with determining your eligibility, you must consult with a skilled New Jersey SSD attorney at your earliest possible convenience. We will help ensure that you receive the Social Security benefits that you are rightfully entitled to. Call us today.
