Social Security can be a tricky thing to separate during divorce – but if you or your spouse receives it, here’s what you need to know.
In some cases, divorced people are allowed to receive a larger Social Security benefit than they ordinarily would on their own. That can occur when one party receives benefits on the other party’s record.
If you want to collect benefits based on your ex’s work record, you must meet these conditions:
Collecting your spouse’s Social Security benefits is very different from an IRA or pension – those are typically calculated differently by plan administrators. Additionally, retirement accounts are treated like community, separate or commingled property.
Related: Retirement and divorce settlements
If you remarry, you’re typically not allowed to collect benefits on your ex-spouse’s record. However, if your marriage to someone else ends – either by death or divorce – you could be eligible again.
It’s okay if your spouse remarries, too. His or her remarriage will not affect your benefit amount – and the Social Security Administration won’t even notify him or her that you’re receiving the benefit, so you don’t have to worry about that, either.
Related: Divorce and pension payout
There are two exceptions to the rule that says you must be age 62 or older to collect Social Security on your ex-spouse’s record after divorce:
For the most part, you don’t have to wait for your ex-spouse to start collecting his or her benefits before you can receive them. If your ex qualifies and is over the age of 62 and you’ve been divorced for more than two years, you may be able to begin collecting benefits on his or her record.
Related: IRAs and divorce
You don’t have to file any special paperwork with the Social Security Administration in order to collect benefits on your spouse’s work record. You can apply for benefits online here.
If you’re divorcing your spouse, we can help you sort through all its complexities – and you deserve a tough divorce attorney by your side throughout the process.
Call us at 209-546-6870 to schedule a consultation with an experienced divorce and pension attorney. We’ll answer your questions and start building a strategy that gets you the best possible outcome.
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