When your retirement benefits are based on your own work history, going through a divorce should not affect your Social Security benefits. You will be eligible to receive benefits after a divorce when your benefits are based on your former spouse’s work history if you meet the following criteria:
- You are unmarried
- You are 62 years or older
- You were married to your former spouse for at least 10 years
- You have been divorced for at least two years.
- Your ex-spouse is entitled to receive Social Security benefits
- The amount you are entitled to depending on your own work history does not exceed the amount you are entitled to based on your ex-spouse’s history
Social Security will not notify your spouse of your application. Your application will not affect the amount your ex-spouse will receive nor will it impact their new spouse’s ability to receive benefits if they are eligible. If you meet these criteria you will be eligible to receive social security benefits, even if your former spouse has not yet applied for them.
How is the total benefit amount determined?
Social Security will consider the following few factors when determining the total benefit amount owed to you:
- Your work history
- Your ex-spouse’s work history
- You will either receive 100% of the benefits based on your own work record or you will receive 50% of your ex-spouse’s benefits. This will depend on which amount is greater
Do I qualify for social security disability insurance benefits?
You may qualify for disability insurance benefits if you meet the following criteria:
- You or your former spouse meet Social Security’s definition of disabled
- You have worked long enough in jobs covered in Social Security
- You are unmarried
- You were married to your ex for at least ten years and are at least 62-years old, or you are caring for your ex-spouse’s natural or legally adopted child under 16 or a disabled child who qualifies for disability benefits under your ex’s work record
Your divorce will not affect your eligibility if you are receiving SSDI based on your own work record. The agency may garnish a portion of your benefits to pay for child support or alimony.
Reach out to our experienced divorce attorney if you have any further questions regarding your social security benefits after finalizing your divorce. Give our firm a call today to learn more about our services and how we can assist you. You do not need to go through this process alone.
Contact our Firm
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.
