Divorce And Social Safety Advantages

By Womans Divorce Workers | Solutions by Timothy McNamara, Monetary Professional 

Should you have been married for over 10 years earlier than getting divorced, it is necessary to know the principles relating to divorce and social safety advantages.

Many divorced girls don’t understand that they may have the ability to declare Social Safety advantages primarily based on their ex-spouse’s earnings. Whether or not you are at the moment navigating a divorce or already divorced, here’s what it’s worthwhile to find out about divorced partner advantages and the eligibility standards.

Social Safety Divorced Spousal Advantages

To be eligible for Social Safety advantages primarily based in your ex’s earnings file, your marriage should have lasted for at the least 10 years earlier than you divorced. To qualify for these advantages:

• You have to be at the least 62 years previous and single, 
• Your ex is at the least 62 years previous, and  
• You have got been divorced for at the least 2 years in case your ex isn’t claiming advantages but (there isn’t a ready interval in case your ex is already receiving advantages)

You probably have remarried, you may’t gather advantages in your ex’s file except your present marriage ends as a result of demise, divorce, or annulment. In that scenario, it is necessary to notice that you just gained’t get advantages from every husband, simply advantages on the husband with the very best profit fee.

Figuring out how a lot you may obtain

The utmost profit a divorced partner can get is 50% of their ex-spouse’s profit at their full retirement age. However you’ll solely get the divorced spousal profit if it exceeds your individual social safety profit.  

If you find yourself getting remarried, your divorced spousal advantages will finish.

Divorce and Social Safety Survivor Advantages

In case your ex-spouse dies earlier than you attain retirement age, you may be eligible for divorced widow advantages as early as age 60 (or age 50 in case you’re disabled). This implies you may get roughly 71% of your ex’s profit fee till you attain retirement age and begin receiving advantages primarily based by yourself earnings. At full retirement age (between 66 and 67, relying on if you have been born, you’ll have the ability to obtain 100% of your ex’s Social Safety profit whether it is greater than what you’d be receiving primarily based by yourself earnings.

Moreover, if you’re caring to your ex’s kids who’re below the age of 16 or disabled, you might apply at any time for survivor advantages with out having to fulfill the 10-year marriage requirement. If you’re 60 or older, you may proceed to obtain survivor advantages even in case you remarry. It is a good suggestion to seek the advice of with the Social Safety Administration to know the precise guidelines and eligibility standards for survivor advantages in your scenario.

Making use of for divorced spousal advantages

One thing that many ladies fear about is that if their ex can stop them from receiving divorced partner advantages. However relaxation assured, your ex can’t cease you from making use of for or receiving advantages. And it gained’t cut back the quantity of advantages your ex receives when he applies for his personal advantages, or these of his present partner if he is remarried.

To use for divorce spousal advantages earlier than your ex begins receiving his advantages, it’s worthwhile to have been divorced for at the least 2 steady years. When making use of for advantages, you’ll want copies of:

• Your start certificates, 
• Your marriage license and divorce decree, 
• Present tax data, 
• Your ex’s full identify, start date, and social safety quantity.

To seek out out what you might be eligible for and to start the appliance course of, you may name 800-772-1213, go to your native Social Safety workplace, or apply for advantages on-line. 

Divorce and Social Safety FAQs

Will I be eligible to obtain 50% of his Social Safety advantages?

Martha’s Query: My husband and I divorced after being married for 26 years. I’m 52 and he’s 59. Once I attain 62, will I be eligible to gather 50% of his social safety? His revenue was considerably larger than mine.

Timothy’s Reply: Your query about future social safety advantages is a query that comes up often. The brief reply to your query is “sure”. Primarily, you can be entitled to gather retirement advantages primarily based on his social safety schedule in case you have been married to your husband for at the least 10 years earlier than getting divorced.

To qualify, your ex-husband have to be eligible to obtain advantages or is at the moment receiving them, and also you have to be at the least 62 years previous. Should you labored up to now, the quantity you might be eligible for is 50% of your husband’s advantages or the advantages that are primarily based in your earnings, whichever is bigger. In your scenario, your partner was the upper wage earner, so you’ll probably obtain 50% of his advantages.

The exception to this rule is in case you remarry. But when your second marriage have been to later finish as a result of demise or divorce, you’d be eligible as soon as once more. The Social Safety Administration is a superb useful resource for questions associated to divorce and social safety advantages. You may attain them on-line by visiting their web site at www.ssa.gov or by phone at 1-800-772-1213.

Ought to I wait till he begins receiving advantages earlier than I file for divorce?

Linda’s Query: My husband will quickly attain full retirement eligibility for Social Safety in October. Since we’ve got a dependent baby, he may also get advantages. Do I file for divorce earlier than this comes into impact, or do I wait till after it has commenced and use it as baby help?

Timothy’s Reply: Since each you and your husband might be eligible to obtain your full retirement advantages in October, you’ll qualify for what’s known as “spinoff” advantages out of your partner. If by ready till October lets you meet the wedding provision time period of at the least 10 years and you’re the decrease paid partner, then it’s definitely price ready till this time.

Nonetheless, if you have already got met the ten 12 months marriage requirement, then ready till October mustn’t have a big impression on the advantages you might be eligible to obtain. So long as you have got been married ten years, you might be already eligible to obtain one half his profit quantities, assuming you have got each met the age requirement of 62 and he might be entitled to receiving his full advantages then. Please remember, in case you remarry, you’ll not be eligible to obtain advantages in your former partner’s except your marriage formally ends.

Youngster help is affected by social safety advantages and usually is included in figuring out the mother or father’s revenue. Therefore, any profit the mother or father paying baby help receives will assist decide the preliminary baby help obligation. It is best to examine together with your state’s baby help pointers to find out the way in which through which they view baby help because it pertains to gross revenue.

Am I entitled to survivor advantages if our divorce wasn’t finalized?

Jan’s Query: I used to be married over 40 years in the past and thought I used to be divorced two years after we married, however I just lately came upon the divorce was by no means finalized. He handed away just a few years in the past. Would I be eligible to attract on his advantages as a widow since I am over 60 and never married?

Brette’s Reply: If the divorce was by no means finalized, you might be eligible. It actually depends upon what occurred and what prevented finalization. 

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