Jamie Graham & Associates, PLLC

Social Security spousal benefits and divorce

When a marriage comes to an end for Texas couples or others around the nation, there are many financial issues to consider. Spousal or child support, deciding who keeps the family home and other property division questions are just a few of the topics that must be addressed during a divorce. However, depending on their age, couples may not immediately think of how Social Security retirement benefits will be handled. Yet, this subject is an important one, particularly as one or both ex-spouses near retirement age.

A person may be eligible for Social Security benefits based on an ex-spouse's work record if he or she is age 62 and unmarried. Also, the marriage had to have lasted longer than 10 years. If someone has remarried, benefits cannot be collected on the former spouse's work record unless the subsequent marriage ended in death or divorce.

Many individuals are eligible for Social Security benefits on their own work record. In these situations, a person can receive the higher benefit amount, but not both amounts. Someone may apply for the benefits even if the ex-spouse hasn't retired yet. To do this, the couple's divorce had to occur more than two years prior to the application.

Social Security benefits and other retirement account questions are just a few of the many issues that must be addressed when a couple decides to get a divorce. To ensure that someone's current and future financial needs are thoroughly considered, it would be beneficial to contact a Texas divorce lawyer for assistance. A trusted attorney will help clients navigate through all the complexities of the legal process and strive for a favorable outcome in the proceedings.

Source: Detroit Lakes Online, "Ex-spouse benefits and how they may affect you", Patty Hoffman, Feb. 9, 2018

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At Jamie Graham & Associates, PLLC, we have received a variety of honors and awards for our family law services. Members of our team have been listed as Top Lawyers in San Antonio Scene magazine. We take pride in the number of positive reviews we have received from satisfied clients. On AVVO, a lawyer rating website, we have received an 8.9 rating overall and many positive ratings from clients and colleagues.

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