Understanding Social Security Benefits in a Divorce
If you were married for at least 10 years, you may be eligible to receive Social Security benefits based on your former spouse’s earnings. This can provide extra income in retirement, and it does not reduce your ex-spouse’s benefits. Knowing your options can help you make informed decisions during a divorce.
What You May Be Entitled To
If your marriage lasted at least 10 years and you are divorced, you may be able to collect benefits based on your former spouse’s Social Security record. This is especially helpful if your own work history would provide lower benefits than what you would receive by claiming half of your ex-spouse’s amount.
This option does not impact your former spouse’s benefits. It is a separate calculation designed to support the spouse who may have earned less during the marriage. If you are eligible for both your own benefit and the spousal benefit, you can receive whichever is higher.
Why It Matters During Divorce
Many people do not think about Social Security when going through a divorce, but it can have a significant impact on your future income. If you are in your 50s or 60s, these benefits can play a big role in your financial planning. In some cases, it may make sense to delay your divorce until the 10-year mark has been reached to preserve eligibility.
It is also important to understand that your ex-spouse does not need to approve or even be notified if you decide to claim based on their earnings. As long as you meet the requirements, the Social Security Administration will calculate your benefit accordingly.
Looking Ahead to Retirement
For some, Social Security will be a supplemental source of income. For others, it may be the main source. Either way, the choices you make during divorce can affect your long-term security. Be sure to speak with someone who understands how these rules work, especially if you are close to retirement age.
Contact the Law Offices of Robert J. Merlin
At the Law Offices of Robert J. Merlin, we help clients understand how divorce affects every part of their future, including retirement income. If you have questions about Social Security benefits and divorce, contact Robert J. Merlin at (305) 448-1555 to schedule a consultation.
The Law Offices of Robert J. Merlin, P.A. are located at 250 Catalonia Avenue, Suite 706, Coral Gables, FL 33134.
Bob Merlin is a Florida Bar Board Certified Family Law Specialist, he practices in the areas of divorce, time-sharing of children and parenting plans, child support, alimony, paternity, pre-nuptial and post-nuptial agreements, and cohabitation/partnership agreements.
As an experienced Collaborative attorney, Bob continually hones his skills in the Collaborative Process and trains other professionals how to become a Collaborative professional as he is.
“My goal is to help divorcing and other family law clients make well-informed decisions so they experience a more efficient process and feel more in control over their futures.”
