Division of Social Security Benefits in a Divorce

When a couple seeks a divorce, there are different legal and financial implications that must be considered such as alimony, child custody, and division of assets, which can lead to various disputes and disagreements. Therefore, it is important to understand how a divorce can affect the aforementioned factors.

When it comes to asset division, one of the most complicated areas is the division of social security benefits between spouses. Social Security Administration has provided some specific guidelines on their website to help spouses plan their finances.

Division of Social Security Benefits in a Divorce

Unlike 401k accounts, IRAs and pensions, social security benefits are not considered as divisible assets during a divorce. That being said, you might still be able to receive said benefits after the dissolution of your marriage, though their potential value will not be considered during equitable property division.

The amount of social security benefit that you might be entitled to receive will be based on the contribution that both you and your spouse paid to the system. Getting your transaction history with Social Security Administration examined from an experienced divorce lawyer can help you to determine your portion in the system.

Conditions to Receive Social Security Benefits after a Divorce

In order to obtain social security benefits after a divorce, there are certain conditions that are required to be met by divorced spouses.

• The spouse must have been married to their ex-spouse for at least 10 years

• The spouse must be unmarried

• The spouse must be 62 years or older

• Their ex-spouse must be entitled to benefits, whether they actually receive it or not

• The amount of benefit of their ex-spouse must be higher than the amount of benefit they are entitled to receive

A spouse meeting all of these conditions will be eligible to receive one-half of their former spouse’s social security retirement benefits.

How Can a Lawyer Help?

If you are going through a divorce and wish to receive the maximum amount of social security retirement benefits, it is imperative that you develop a thorough understanding of the intricacies and rules that determine the number of benefits that you will receive after your divorce. Therefore, you should consider procuring services of a skillful divorce lawyer to educate yourself about the laws and regulations pertaining to divorce and social security benefits.

Furthermore, a proficient divorce lawyer will protect your legal rights throughout the litigation process and devise a strong case in your favor, which consequently will enable you to maximize the number of benefits that you receive each month after your divorce.

If you wish to learn more about division of social security benefits or want to schedule a free consultation, contact Law Office of Fedor Kozlov at 847-241-1299 to speak with an experienced divorce lawyer.