Divorce provides a fresh start for both spouses for millions of Americans. Terminating a marriage, like any legal arrangement between two individuals, can have long-term legal ramifications. Aside from the normal short-term property split and custody concerns, divorce can have a long-term impact on your retirement benefits.
If you & your spouse are contemplating divorce and have been married for at least ten years, either of you may be entitled to claim retirement benefits on your spouse’s Social Security if certain requirements are met. You must be over 62years of age when you start collecting, and you must not have remarried after your divorce.
If you did remarry, but that marriage has ended, you may still be able to collect. Of course, the spouse whose benefits you wish to claim must be eligible to receive it as well. In most cases, collecting retirement on a former spouse’s Social Security does not affect the amount paid to the former spouse or his or her dependents.
The income claimed by a former spouse is largely independent of that person’s own Social Security. This allows people approaching retirement age the opportunity to receive retirement assistance for the years they spent contributing to the system during a former marriage without jeopardizing the benefits of their former spouse or their benefactors.
Survivors
The Social Security Administration also offers survivors’ benefits to people whose spouses have died recently. If your marriage lasted for at least 10years, you might be able to collect survivors’ benefits from an ex-spouse, just like with retirement. Likewise, remarrying will usually make you ineligible to collect these benefits unless your later marriage has also ended.
If you are considering a divorce, recognizing these factors can help you and your spouse plan for the future. It’s never too early to initiate planning for your retirement. The retirement aid provided by the Social Security Administration should factor into these plans. An accomplished divorce attorney can assist you in understanding and winning the benefits that you deserve.
If you need the aid of a reliable and experienced family law attorney who knows the stress, problems, and what it takes to fight for your rights and privileges in family law, contact us today. Look no further than the leading Child Custody Attorneys Fullerton Attorney, the office of Eric child custody. For a consultation, call Mr. Nakasu at 1-714-916-9800.
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