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Social security: Info about spouse benefits during a divorce

Social security: Info about spouse benefits during a divorce

Over the years, the age of couples filing for divorce has become much higher in Michigan and around the country. It is common that in many of these cases, one or two of the individuals has already begun to file or receive social security benefits. This, of course, can make the divorce process that much more complicated. If this is the situation that you’re looking at within your own life, then the following information is for you.

Divorce/social security myths

The divorce process can often be very complex to navigate through; this is why so many tend to bring in an attorney who practices family law. However, with so much going on, it can be difficult to determine which information is real and which is just a myth. Planning your court case with half-truths may lead you to a not so favorable result. Let’s begin with the concept of remarriage. There is a myth floating out there that if your ex-spouse gets remarried after your divorce, then they cannot claim social security benefits on your earnings. This is not true; your ex-spouse can still continue with their claim against you. Another myth involves the notion that you can’t claim social security benefits on your ex-spouse’s earnings because it was disallowed in the divorce settlement. Lastly includes the idea that you can receive every single part of their social security benefit during a divorce. That is also not true as your ex-spouse has the right to earn a living wage.

Rules to claiming social security benefits on a ex-spouse

Contrary to popular belief, there are certain requirements that you need to meet in order to file for a claim legally. Let’s begin with age as this is very important. Because social security can only be given at a certain age, you must be 62 years of age or older to file a claim. Next involves the length of the marriage, which needs to be at least ten years old. Last is the status of your ex-spouse’s social security standing. You may only file a claim if they are already receiving benefits from the government.

As you can see from the information above, it can be rather tricky to navigate the divorce process with social security benefits also hanging in the balance. This is why it is so important to research and bring on a legal team that can be with you throughout this daunting process.

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