Social Security Benefits and Divorce in Watchung, New Jersey

Many people wonder what happens to their Social Security benefits after a divorce and if they are still entitled to part of their spouse’s Social Security. The Social Security Administration has set rules for how this type of income is handled after a divorce.
If you were married for 10 years or more, you can receive Social Security benefits through your spouse if the all of the following conditions are met:

  • You are age 62 or older
  • You are unmarried (if you remarried but are now divorced or widowed from that second marriage, you are eligible)
  • Your ex qualifies to collect Social Security retirement or disability (SSD)
  • The amount of Social Security you would receive based on your own work record is less than the amount you would receive through your spouse.

If you meet these conditions, you can get up to one half of the amount your spouse is entitled to. If you are eligible for your own benefits based on your own work record, but your ex’s benefits are higher, the Social Security Administration will pay your earned benefit first then add additional funds based on your ex’s benefits. If your ex is eligible for payments but hasn’t applied, you can apply once you have been divorced for two years.

An important fact that you and your ex should keep in mind is that any payments you receive do not in any way reduce the payments your ex receives. Your ex gets the full Social Security retirement payments whether you are paid or not. If your ex remarried after your divorce, that later spouse is also entitled to receive payments and that right is not affected by any payments you receive.
If you are the spouse with a higher Social Security retirement payment then your ex can collect through you and all of the same rules apply to him or her.

DeTorres & DeGeorge is ready to help you make sense of all the retirement issues involved with your divorce in Annandale, New Jersey and the surrounding areas. Call us today at 908-284-6005 to schedule a time to discuss your case.

Divorce Guide
About DeTorres and DeGeorge Family Law

DeTorres and DeGeorge Family Law is a New Jersey based family law firm that has been helping New Jersey residents achieve the best possible results in their divorce for nearly 30 years. The DeTorres and DeGeorge Family Law team is always ready to fight for their clients’ rights – determined to help New Jersey families overcome legal challenges from start to finish. Our legal team, with over 65 years of combined experience, provides expert guidance on all family law and divorce-related matters, including custody and parenting time, alimony and child support, equitable distribution of assets, premarital agreements, post-divorce issues, executive compensation distribution, divorces for business owners, and divorce mediation. The firm has been recognized for its dedication and expertise in the industry by multiple local and national organizations, including Super Lawyers, Law Firm 500, and the American Institute of Family Law Attorneys. Rosanne DeTorres, Managing Partner, is one of 150 lawyers certified as a matrimonial law attorney.

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