Divorce can cause a tornado of emotions and questions that swirl, collide, and overwhelm. With all the competing thoughts and emotions, social security benefits may be very low on your overall list of concerns when divorce is looming.
Part of the divorce process includes preparing yourself for financial security after the divorce is granted. Social security benefits tend to get low priority and can be overlooked during divorce. Despite this tendency, social security benefits directly impact your financial future.
Divorce affects social security retirement benefits in the following ways.
When considering how divorce impacts social security benefits, the first step is to determine how your benefits compare to your ex-spouse’s benefits.
Are you receiving more in social security benefits than your ex-spouse? If so, you are not entitled to any additional benefits based on your ex-spouse’s work history.
Are you are receiving less each month in benefits than your ex? If so, you may be entitled to an increase in benefits based on your ex’s work history.
Maybe. Upon divorce, you may receive increased benefits based on your ex’s work history, when:
No. Your ex-spouse’s retirement benefits are not reduced when you claim society security benefits based on your ex’s work history.
You may still be able to file for increased benefits, based on your ex’s work history, even if your ex-spouse has not filed for benefits.
You are entitled to claim your ex-spouse’s benefits if you have been divorced for at least two years.
Yes. You cannot claim social security benefits, based on your ex-spouse’s work history, if you have remarried. However, if you are no longer married at a later point (e.g., divorce or death), you may once again quality for benefits based on your former spouse’s work history.
You are entitled to ½ of your ex-spouse’s full benefit if the divorced spouse begins drawing benefits at full retirement age.
You can claim ½ of your ex-spouse’s social security benefits without reducing the amount that they receive.
No. Your social security benefits can only be increased from one ex-spouse’s work history.
You can apply for benefits by clicking HERE or by calling 1(800) 772-1213.
Are you going through a divorce in Albuquerque or across New Mexico? Are you wondering, “How does divorce affect Social Security retirement benefits?” Do you also have questions about dividing community assets/debts, spousal support? Matthew Legan Sanchez has the trial practice and experience to handle your issue. Call (505) SANCHEZ to speak with an experienced and knowledgeable divorce attorney in Albuquerque, Rio Rancho, Los Lunas.
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