Criminal Defense : Family & Divorce Law : Professional License & Maltreatment : Child Protection Defense : Estate Planning : Tax Law : Appeals : Juvenile Defense

Social Security spousal benefits and divorce

More Minnesota couples are getting divorced later in life when Social Security retirement benefits are a pertinent issue. Although the rules that govern Social Security benefits are complicated, most married people are aware that a lower-earning spouse can claim spousal benefits based on the higher-earning spouse's earnings. After a divorce, the lower-earning ex-spouse may still be allowed to claim spousal benefits on their ex-spouse's earnings.

The length of marriage is an important factor in determining whether a divorced person can claim spousal benefits. To remain eligible for spousal benefits, a divorced person must have been married for at least 10 years. The divorce must be two years old before a person can file a claim for Social Security spousal benefits.

In most cases, people cannot continue to claim spousal benefits from an ex-spouse's earnings after they remarry. However, they may continue to claim spousal benefits if they remarry after age 60 and their ex-spouse has died. People who have two ex-spouses when they reach retirement age may be able to claim spousal benefits on either of their ex-spouse's earnings. To claim spousal benefits, they must make sure that the former spouse was eligible for Social Security benefits.

When a couple who is having marital troubles is reaching the 10-year mark, these rules may make it advisable to wait until that milestone is reached before deciding to file. Although Social Security benefits are unlikely to be a consideration in a high asset divorce, family law attorneys may recommend taking advantage of the spousal benefit rule anyway.

No Comments

Leave a comment
Comment Information

We Can Help. Contact Us.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Groshek Law PA
530 N 3rd St.
Suite 310
Minneapolis, MN 55401

Phone: 612-424-5829
Phone: 612-424-5829
Minneapolis Law Office Map

Call for a consultation