Divorce and the Complications of Social Security Benefits!

The process of distributing marital assets during a divorce does not end with dividing up personal property, investments, and retirement accounts.

Divorce attorneys must also address social security benefits with their clients as well, as this is a very nuanced part of the divorce finance process.

While not technically a marital asset that divorce lawyers must help spouses divide up, social security benefit amounts can definitely be affected by marriage and divorce.

It is essential to work with divorce law firms that stay up to date on these rules and how they apply to anyone getting divorced.

Social Security Benefits Payment And Divorce

Social Security laws state that when couples divorce, a spouse is entitled to collect social security either as retired-worker benefits based on their own income, as auxiliary benefits based on their ex-spouse’s income, or a combination of both.

Divorce attorneys find that many spouses are either unaware of this detail or do not understand whether or not they qualify for this benefit.

It is available to any spouse who was married for 10 years or more to the same spouse, even if there are multiple marriages to which this applies.

When working out the financial aspects of any proceeding, divorce lawyers will naturally address Social Security benefits and how the divorce affects them, especially for older clients who are reaching or past retirement age, as being able to estimate SSI is a critical part of financial analysis and preparation during a divorce.

How Much Are Divorced Spouses Entitled To?

The amount of benefit a qualifying, lower-earning spouse is entitled to depends on many factors, starting with the amount of their own benefits.

To help spouses estimate the amount of benefit they are entitled to, divorce attorneys must first consider how much SSI a client can receive from their own income record, then compare that to that of the higher-paid spouse.

SSI laws then allow the lower-earning spouse to collect additional SSI up to the amount of their spouse as long as the supplemental value is half or less of the ex-spouse's total benefit; however, this is limited only to spouses who do not start receiving SSI until they reach at least 60.

Spouses whose ex's are deceased may actually be entitled to more than this and those who have multiple qualifying marriages might be as well.

Therefore, it is essential to discuss methods of calculation with divorce law firms experienced in estimating SSI for spouses going through a divorce, as this could come into consideration when determining the fair distribution of other marital property.

What If Spouses Remarry?

When spouses remarry, they are generally no longer entitled to receive auxiliary benefits based on a higher-earning ex-spouse’s income.

If the ex-spouse is deceased and someone remarries after the age of 60, they are still entitled to claiming SSI on their ex-spouse’s record.

Divorce lawyers also point out that in cases where spouses remarry each other, they remain entitled to the benefit if they had already been married 10 years or their re-marriage can continue accruing time to meet that 10-year mark should the couple divorce again.

A Divorce Law Firm Can Help With Social Security Questions

Clearly, the issue of social security benefits for divorcing spouses is a complex one and a topic that should be discussed in-depth with a divorce attorney knowledgeable in how these SSI rules must be applied.

Spouses needing assistance with this should find an experienced divorce law firm to assist them in financial and asset planning as it pertains to the divorce process.

With the help of a compassionate divorce lawyer, any spouse can step forward into their new future with a better understanding of what they can now expect in retirement.