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Add You - Social Security Benefits After Divorce
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The first issue to be addressed is the amount of time that you were married before the divorce. To collect social security benefits based upon your former spouse's earnings record, you must have been married for at least ten years. If you or your spouse are considering divorce, this ten year time limit might be an important issue. For example, if you have been married for just nine years, and if having this social security benefit after divorce will help you, you might want to negotiate a one year separation before the divorce. That way, you have preserved your ability to collect social security under your soon to be ex spouse's earnings record after the divorce. The one year separation could have some impact upon other rights that you need to address. So, it is a good idea to discuss this issue with your divorce attorney or with an accountant before finalizing a sepa
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The first issue to be addressed is the amount of time that you were married before the divorce. To collect social security benefits based upon your former spouse's earnings record, you must have been married for at least ten years. If you or your spouse are considering divorce, this ten year time limit might be an important issue. For example, if you have been married for just nine years, and if having this social security benefit after divorce will help you, you might want to negotiate a one year separation before the divorce. That way, you have preserved your ability to collect social security under your soon to be ex spouse's earnings record after the divorce. The one year separation could have some impact upon other rights that you need to address. So, it is a good idea to discuss this issue with your divorce attorney or with an accountant before finalizing a sep
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You cannot collect social security under an ex spouse's earnings record if you remarry. So, if you have carefully preserved this benefit after divorce, you might want to be very careful about remarrying. You can collect social security benefits under the next spouse's earnings record, but the same time rule will apply. That is, you must remain married to that individual for ten years before you can collect social security under their earnings record.
Many people simply want to know how much they will collect in social security benefits. The general rule when collecting benefits under someone else's earnings record is that you cannot collect more than fifty percent of that person's benefit. So, if your spouse or ex spouse is going to receive a monthly benefit of $1500, you cannot collect more than $750 if you collect under their earnings record. You need to know what your own benefit will be to decide if you would be better off collecting under your own earnings record or under a spouse or former spouse's earnings record after divorce.
The rule
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