Social Security and Divorce

When you divorce, there are certain things that each party is entitled to. One of those things is an equitable distribution of property and assets. An important item that falls under that heading is often overlooked: Social Security benefits.

If you were married for ten years or more, you may be entitled to collect on your former spouse’s Social Security payments. However, there are many more factors to take into account than just that. One of those things is the earnings over the years of both you and your former spouse.

If you are collecting your own Social Security benefits, you will generally not receive any portion of your former spouse’s on top of that. Instead, you will receive whichever payment is larger. Since all Social Security benefits are based off earnings, it might not be a good idea to apply for a portion of your former spouse’s check if you made similar salaries.

However, if your situation makes it worthwhile for you to draw off of you former spouse’s benefits, you can do so starting at age 62, assuming you were married for at least 10 years. This is true whether your former spouse has remarried or not and whether he or she is already drawing on those benefits.

Contact Us

If you are unsure as to whether or not you can draw off your former spouse’s Social Security benefits, or if would like to know more on the subject, contact the West Palm Beach divorce attorneys of Eric N. Klein & Associates, PA at 561-353-2800.