Can You Claim Social Security Benefits After a Divorce?
by David L Martin Law Offices of David L. Martin, Esq. PCWorking out a plan for
what will happen to assets and debt and the family's support needs is part of
every divorce process in New York.
An experienced family court attorney in
Queens, NY, can assist you in
drawing up a plan that benefits both parties. You especially need to work with
a local attorney because there are a number of myths and misconceptions about
how to collect social security in the wake of a divorce. Some of the most common
fallacies surrounding social security for ex-spouses, as well as general facts
about how the process works, are outlined in this blog.
Many people believe that one cannot collect social
security benefits from an ex after divorce.
This is not true. An
ex-spouse can file a claim for the ex-spouse's social security benefits — the
Social Security Administration (SSA) says so themselves. However, there are
some criteria:
For the ex-spouse to be eligible for spousal
security benefits, the marriage must have lasted at least 10 years. On top of that, the ex-spouse must be unmarried and at
least 62 years old to qualify for the benefits. The ex-spouse claiming the
benefit must also be eligible for retirement or disability benefits. The
benefits that the ex-spouse is entitled to claim based on the other party's
work must be greater than the benefit they would be entitled to get from their
own work.
Another one of the most common myths surrounding divorced
couples' social security benefits is that an ex-spouse may be able to exert
influence on the other spouse's social security payments.
Once more, this is not
true. A spousal security benefits claim filed by an ex-spouse has no bearing on
the other party's benefits. By the same token, if a party decides to remarry,
the current spouse is not affected by the ex-spouse's claim to benefits.
Another prevalent misperception about post-divorce social
security payments is that an ex-spouse cannot claim benefits on the other
party's record if the other party has not yet applied for social security
retirement benefits.
Even so, if the party is
eligible for retirement benefits, the ex-spouse may be entitled to collect them
— on the assumption that the parties have been divorced for at least two years.
Even with this
knowledge, many people may be hesitant to file a claim on an ex-spouse's social
security benefits, especially if the parties are not in touch. Be that as it
may, one ex-spouse's approval or consent is not required for the other to seek
benefits. Though the SSA may require information to identify the record, the
ex-spouse may not need to be contacted personally for the claim to be
processed.
It may seem tricky to
find your way around social security benefits, especially after a divorce. Your
Nassau
County divorce attorney may be
able to help you understand how the process works and what you may be able to
claim — it helps to be well-informed about your options before committing
yourself to file a claim for benefits!
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Created on Mar 3rd 2022 05:17. Viewed 140 times.