Social Security and Divorce – Queens Divorce Attorney Explains
- Posted on: Feb 28 2015
While going through a divorce in Queens or the greater New York City area, the Social Security benefits you may qualify for varies from situation to situation. How those benefits are divided between you and your spouse will depend on a number of factors, including how long you’ve been married.
A Queens Divorce Attorney can help you determine what benefits you are eligiible for Contact FK Law Group for experienced legal counsel and guidance regarding how divorce may affect your social security.
You may be eligible to receive a spousal benefit payment of half of what your ex-husband or wife receives, but only if the marriage lasted for 10 years or more. Anything less than 10 years leaves you ineligible for your spouse’s Social Security benefits after a divorce, so if you and your spouse are close to the 10-year milestone, you may want to consider postponing the divorce in order to receive better benefits.
However, you may not need your ex-spouse’s benefits at all. If you have been working for 10 years or more, and paid your Social Security taxes, your personal benefit could be better than your spouse’s. But, you will have to choose between yours or your spouse’s; you are not entitled to both.
You may also become ineligible to claim your ex-spouse’s benefits should you remarry before your 60th birthday. But, if you choose to wait and re-marry late in life, you may be eligible to choose between whichever spouse’s benefits pay the most – but, again, you are unable to receive Social Security benefits from both.
In the event that your ex-spouse dies before you, you will get a 100% of his or her Social Security benefits should you have a valid claim to it. Understanding which benefits you are eligible for and which ones you are not can play a major role in your divorce legal strategy. A Queens Divorce Attorney can help you determine how divorce will affect your Social Security benefits and help you receive the best option available to you.
Contact the Queens, New York Divorce Law Attorneys of FK Law Group at 800-631-1757 for more information on how divorce affects social security benefits or any other divorce law-related question or concern.
Posted in: Divorce Law
