Social Security benefits are a crucial financial lifeline for many in the U.S., especially for older adults or those with disabilities. If you have been receiving Social Security benefits through your spouse, you may wonder what will happen to those benefits if you divorce.
This question can significantly impact your future. Here, the South Carolina lawyers at Land Parker Welch LLC explain how divorce affects Social Security spousal benefits.
What are Social Security Benefits for Divorced Spouses?
While anyone who meets specific requirements can obtain Social Security benefits, you may be able to collect these benefits through your spouse under certain circumstances. Social Security Divorced Spouse Benefits are similar to the benefits you would receive if you were still married to your spouse. However, you must meet certain conditions to qualify for Divorced Spouse benefits.
Eligibility Requirements
According to the Social Security Administration (SSA), you must meet four requirements to qualify for Social Security Divorced Spouse Benefits.
- You must be at least 62 years old and currently unmarried.
- Your former spouse must be currently receiving Social Security retirement or disability benefits.
- You must have been married to your former spouse for at least 10 years before your divorce was finalized.
- You must not be eligible for retirement or disability benefits equal to or higher than the amount of your Social Security Divorced Spouse Benefits.
Am I Eligible if I Married Again?
If you remarry, you lose eligibility for Social Security Divorced Spouse Benefits. However, you may be eligible to receive Social Security disability or retirement benefits on your own or through your spouse. Talk to a Social Security lawyer to learn what benefits you may qualify for.
What if my Ex-Spouse Died?
According to the SSA, widows, and widowers are eligible for Social Security survivor’s benefits in certain circumstances. The same is true if your former spouse passes away. However, you must have been married to your ex-spouse for at least 10 years to qualify for survivor’s benefits.
What is the Maximum Amount of Money You Can Get?
The amount you receive in Social Security benefits depends on a complicated formula involving your income, when you were born, your age when you apply for benefits, whether or not you have a disability, and other factors. Though there are maximums for Social Security benefits, you may not be entitled to the full amount. An attorney can evaluate your financial situation and explain how much you may be able to receive.
Applying for Benefits
The easiest way to apply for Social Security Divorced Spouse benefits is to submit your application online. Before you do, you should speak to a Social Security lawyer who can help gather your essential documents, such as tax records, divorce papers, birth certificates, and more.
Get Help from an Experienced Social Security Attorney in Arizona
Not sure how to claim Social Security Divorced Spouse Benefits in South Carolina? Call or contact Land Parker Welch LLC today to speak with one of our experienced Social Security lawyers.
