Divorce can be a complicated process, especially when it comes to figuring out the spouses’ finances and other logistics. If you’re a divorcee or considering divorce, you may wonder whether you will still be eligible for your spouse’s social security benefits. To learn more about how a divorce can impact you and your spouse’s social security benefits, read on or reach out to a seasoned Divorce & Separation Attorney in Bohemia, NY today for quality legal counseling!
CAN I STILL GET MY SPOUSE’S SOCIAL SECURITY BENEFITS IF WE DIVORCE?
If you meet certain qualifications, you may be eligible to still receive your ex-spouse’s benefits even after you divorce. If you’re at least 62, were married 10 or more years, and hadn’t yet remarried, then you are most likely eligible for your ex-spouse’s social security benefits. However, even if you don’t fit these qualifications, you may still be eligible depending on the circumstances.
If you do meet the qualifications, you may qualify to receive both your and your spouse’s benefits, but this doesn’t mean you’ll get double the amount of benefits. To calculate your benefits, the Social Security Administration (SSA) determines who is set to earn the most benefits. If you are eligible for more benefits than your spouse on your own, then you’ll likely just receive your own benefits. However, if you would receive greater benefits through your spouse, most of the time you’ll receive your own benefits first then the SSA pays you the difference for whatever additional benefits you would’ve received from your spouse.
WILL MY EX-SPOUSE’S BENEFITS BE AFFECTED?
If you are eligible and claim your ex-spouse’s social security benefits, their benefits will not be impacted in any way. They won’t be notified that you claimed their benefits unless you personally inform them, and they will still receive whatever they are entitled to. Vice versa the same is true. Neither person will receive fewer benefits just because their ex-spouse received benefits too.
You’ll also still be able to claim your spouse’s benefits if they haven’t received their own payments yet. However, you normally need to wait two years and stay divorced the entire time before receiving your spouse’s benefits in this scenario.
CAN I STILL GET MY EX-SPOUSE’S BENEFITS IF I REMARRY?
Most of the time, you won’t be eligible for your ex-spouse’s benefits if you decide to remarry after a divorce. If your ex-spouse remarries, it won’t affect your benefit eligibility, but if you remarry, then you’ll likely lose eligibility for your ex-spouse’s benefits.
If you’re currently going through a divorce and looking for more information on how your social security will be impacted, you’ll likely want to speak with an experienced divorce attorney to guide you through the divorce process. The Law Offices of Susan A. Kassel is here for you every step of the way! Contact us today for a case evaluation with a compassionate and talented lawyer.