Once you’ve finally decided divorce is the next step for you and your spouse, you’ll need to decide who gets what. After sharing everything for so long, it can become difficult when finding out who is entitled to what. Especially when it comes to personal assets, such as social security. That is why it is important to seek out a divorce lawyer in Suffolk County to ensure the process goes as smoothly as possible. Luckily, when you work with a divorce lawyer in Suffolk County at Simonetti & Associates, you can be sure you’ll get what is yours.
What should I know:
Your ex-spouse may be able to receive some of your benefits, depending on the situation. If you meet any of the following criteria you may be eligible:
- Your ex has not remarried
- Your marriage lasted ten or more years
- Your ex is 62 or older,
- Benefits from their own job would be less than the benefits they would receive through your work
- If you are entitled to Social Security disability or retirement benefits, then it is likely that your ex-spouse is able to receive benefits based on your record.
Also, if your ex-spouse was born before January 2nd, 1954, and is at retirement age, they can opt to only receive your benefits and delay receiving their own. If their birthday is after January 2nd, 1954, then they do not get this option. If your ex-spouse is still working but is also eligible for benefits this year, these earnings could potentially affect benefit payments.
As far as social security goes, the maximum amount that your ex-spouse can receive from you is 50 percent of what you would receive at full retirement age. Depending on your date of birth and what you earned, a social security calculator can be used to estimate the benefit that would be for your ex-spouse. When filing for benefits, a person will automatically receive a larger benefit between yours and your ex-spouse’s benefit. If your ex-spouse is already receiving their own benefits, they can also claim any benefits of yours that they are eligible for. Your ex-spouse may apply for benefits on your record even if you have not retired. However, they cannot apply unless it has been two years since your divorce has been finalized. It is important to note that the benefits that go to your ex-spouse will have no effect on you or your current spouse! Also, if your ex-spouse has remarried, they cannot collect benefits on your record unless their new marriage ends in annulment, divorce, or death.
We Can Help!
At Simonetti & Associates, a divorce lawyer in Suffolk County is ready to assist you! We know it can be difficult to know the legality of certain topics, like social security, as well as who is entitled to what in a divorce. Contact us today to set up your FREE consultation with a divorce lawyer in Suffolk County!