When considering a divorce, many individuals worry about financial stability. Often, divorcing spouses wonder whether they can collect Social Security benefits from their ex-spouse. Please continue reading and reach out to the Pennsylvania family lawyers at Berman Voss to learn more. Here are some of the questions you may have:
Can Social Security benefits be claimed from an ex-spouse?
Indeed, under certain conditions, Social Security benefits accrued during marriage may be claimed by an ex-spouse. This provision allows individuals who may not have earned significant benefits on their own to benefit from their ex-spouse’s work record. The Social Security Administration outlines specific eligibility requirements for this claim.
What are the eligibility requirements for claiming these benefits?
To be eligible, the marriage must have lasted at least ten years. Both individuals should be at least 62 years old. Importantly, the claimant must not be currently married. If the ex-spouse has not yet applied for retirement benefits but qualifies for them, the claimant can still receive benefits if they have been divorced for at least two continuous years. This rule stands as an exception, allowing divorced spouses to claim benefits independently of whether the worker has retired.
How does remarriage affect my eligibility?
If an individual remarries, they generally cannot collect benefits on their previous spouse’s record unless their later marriage ends (whether by death, divorce, or annulment). Berman Voss emphasizes that exceptions and intricacies in the law demand careful legal guidance to navigate effectively. Understanding these nuances can significantly impact financial planning and security during one’s retirement years.
Several court cases and decisions in Pennsylvania have addressed issues surrounding Social Security benefits post-divorce. In these instances, legal precedents focus on the equitable distribution of marital assets, but Social Security benefits are federally governed and not divided as marital property. Therefore, understanding federal regulations and their interplay with Pennsylvania law is crucial.
For those approaching retirement age, considering the implications of Social Security benefits on their overall financial planning is important. Berman Voss is adept at clarifying these complex issues, ensuring their clients receive the full benefits to which they are entitled.
Ultimately, yes, it is possible to collect benefits based on an ex-spouse’s work record if specific conditions are met. If you’re seeking Social Security benefits from your ex, or you have any further questions about this, please don’t hesitate to contact Berman Voss today.