Divorce can significantly impact a person’s social security benefits, particularly if the marriage lasted for an extended period. At Simonetti & Associates, our Southampton divorce attorney is here to help you navigate divorce after retirement and protect your assets! Continue reading to learn more about divorce and your social security benefits.
Will Divorce Affect My Social Security Benefits?
In New York, how social security benefits are affected by divorce can vary depending on the case’s specific circumstances. If a person is eligible for social security benefits based on their own work history, their benefits will not be affected by a divorce. However, if a person is eligible for benefits based on their former spouse’s work history, their benefits may be impacted. If you are divorced, your former spouse can receive benefits based on your record if:
- The marriage lasted ten years or more.
- Your former spouse is unmarried.
- Your ex is age 62 or older.
- The benefits that your former spouse is entitled to based on their own work are less than what they would receive based on your work.
- You are entitled to disability or social security retirement benefits.
If you remarry and your former spouse is unmarried, they will still be eligible for benefits if they meet these requirements. If they remarry, they will no longer be eligible to receive benefits on your record. However, if the second marriage ends, either through divorce or death, your former spouse may be able to receive benefits on their former spouse’s record once again. It’s important to note that the divorced person’s own benefits will be reduced if they choose to receive benefits on their former spouse’s record before they reach their full retirement age. If you are going through a divorce and have questions about how it will affect your social security benefits, it is essential to seek the advice of an experienced Southampton divorce attorney. A qualified attorney will be able to review your specific situation and provide guidance on how to protect your rights and interests.
Contact Our Southampton Divorce Attorney
It is crucial to be aware of how a divorce can affect a person’s social security benefits in New York and consult with a Southampton divorce attorney at Simonetti & Associates for guidance on how to best protect your rights and interests. Contact us today and request a consultation to learn more about how divorce will affect your social security benefits.