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Does divorce affect Social Security Benefits?

Individuals in Michigan in the process of getting a divorce, or those who are already divorced, may be wondering as to what the ramifications of getting a divorce are on one's Social Security Benefits?

To understand this, Michigan residents may find a basic understanding of what Social Security is helpful. Social Security Benefits are in place to help older persons after they retire, people with disabilities and beneficiaries such as a spouse or dependents of an individual who has passed on and who paid into Social Security. It is in essence a source of income for people. All those who are gainfully employed pay into Social Security.

According to the Social Security Administration, if one is divorced, one's ex-spouse can still get Social Security benefits on one's record if certain conditions are satisfied. These conditions include the following and all of them must be satisfied: the marriage between two divorced people must have lasted for a decade or more; the ex-spouse should still be unmarried - one's own marital status is irrelevant, only the ex-spouse's status matters; the ex-spouse should have attained the age of at least 62; any Social Security benefits one's ex-spouse may get due to their own work is less than the what they would get under your record; and finally that you are actually entitled to receive Social Security benefits.

The effect of divorce on retirement accounts, pensions, and Social Security benefits will likely surface during family law proceedings. Every case is different. Particularly when it comes to division of assets, property and figuring out sources of income, those in the process of getting a divorce may have questions. Such nuanced questions about Social Security benefits and dependents can be answered by an experienced family law firm.

Source: Social Security Administration, "Retirement Planner: Benefits For Your Divorced Spouse," Accessed Sep. 21, 2015

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The Smith Law Offices, P.C.
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