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November 3, 2021
Things To Know About Availing Spousal Benefits and Social Security

☝ Life is uncertain, and social security benefits try to staple some assured benefits to it.

What Are Spousal Benefits?

The term spousal benefits sounds like it relates to money. A clear definition for this term is, the social security benefits you are liable to receive not because of your work but because of your spouse’s work.

An interesting fact to know about Spousal Benefits is that it appears to be more advantageous to the spouse who hasn’t or worked less during the working years or has earned significantly less than their partner. The calculations are tough, and there are a lot of issues that can arise while defining the share of Spousal Benefits if the couple plans to divorce.

How do you qualify for spousal benefits from Social Security?

As a divorce and family attorney in New York and New Jersey, I feel the need to educate everyone about the following legal Social Security provisions that can clear the confusion related to Spousal Benefits when it comes to divorce.

1. Even after years of marriage, any spouse is entitled to spousal benefits, irrespective of their earnings. For example, if a couple is married for 10 years or more and then decides to part ways – each spouse is entitled to a certain percentage of the Social Security retirement benefit of the other.

A widow or widower can also receive social security survivor’s benefits based on age – these benefits start between age 60 and retirement age, as a survivor.

Divorce after a long marriage does not mean that you will no longer get your ex-spouse’s Social Security benefits. Even if the wife never worked a day in her life and never showed any earnings, and she is now divorced from the breadwinner husband – the wife will receive a percentage of his benefits provided that certain conditions are met.

When you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried to another person) if — 

✅ Your marriage lasted 10 years or longer.

✅ Your ex-spouse is unmarried.

✅ Your ex-spouse is 62 or older.

Your ex-spouse’s entitlement to benefits is less based on their work and more on yours.

You are also entitled to receive Social Security retirement or disability benefits.

2. The second most important thing to remember: if you have not applied for Social Security retirement benefits but already qualify for them (for example, you did not apply but you are already 66 years old), your ex-spouse can immediately begin to receive the benefits using your record, provided that you are divorced for at least two straight years.

👉 Conclusion

Going against the law is what I, as a truthful divorce lawyer, don’t do, and it should not be falsely committed to the people. I get clients that cheap family lawyers or divorce lawyers have greedily manipulated.

People always demand that I take away their ex’s Social Security pension from them in divorces and make sure the ex does not get the Social Security pension. Still, I cannot do this legally based on the above laws and thus don’t make any false commitments. 

Even if the parties demand that a judge order no Social Security pension to their ex, such an order would not sway the federal agency Social Security Administration or influence their decision to grant your ex benefits based on your earnings just because you were married to them for 10 years or more and marriage is honestly a serious legal contract.

To get honest legal help related to divorce and social security matters, call now and get the best decision in your favor within the boundaries of the law. Shepelsky law group is filled with the best divorce and immigration lawyers around.

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