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Social Security benefits after divorce: what you need to know

by | Oct 8, 2020 | Divorce, Family Law Blog

Over the years, more older couples have begun to file for divorce in North Carolina and throughout the country. Although divorce can be quite difficult to go through at any age, it is often much more difficult and complex for those reaching retirement age or who are already retired. One of the most common issues includes the benefits of the spouse and whether they are entitled to a share of their ex’s Social Security payments.

Myths revolving around Social Security claims

There is, unfortunately, a lot of misinformation being spread around when it comes to Social Security payments. It’s important to address some of these myths and correct the information, such as issues surrounding the re-marriage of a spouse. The notion is that once a spouse has re-married, they are no longer able to claim Social Security on their earning record. This information is incorrect; marriage does not disqualify you from having the ability to claim Social security on a former spouse’s earning record.

The next issue includes the amount of Social Security one person receives. An attorney practicing family law may work to make sure that their client is able to obtain the proper amount of Social Security to live comfortably. Therefore, one person gaining all the benefits of Social Security is not true.

Facts regarding divorce and Social Security

When it comes to gaining some of the benefits of Social Security from your spouse, the number you want to look at is the years you’ve been married. Throughout the country, the minimum to qualify for Social Security payments is 10 years. The IRS makes these rules, so no state court can overturn them during a divorce settlement. Other requirements that the IRS has involving the claiming of Social Security benefits are that you must be 62 years of age, and your spouse must have already claimed Social Security.

Divorce at any stage can be a tricky manner to pursue. That complexity is increased when benefits such as Social Security are involved. You may want to seek the services of a family law attorney to help answer your questions and guide you through the process.