People who are either preparing to divorce or who have already divorced may wonder how their eligibility for Social Security benefits may be impacted. If a person has not contributed enough on their own for benefits eligibility, they may want to apply for either spousal or survivor’s benefits based on their former spouse’s contributions. In order to do so, however, the person must first be eligible.
People are eligible for spousal benefits if their marriage lasted at least 10 years and they have remained single. Remarriage prevents people from applying for spousal benefits based on their former spouse’s contributions, even if their marriage lasted 10 years. Instead, the person would be eligible for spousal benefits based upon their new spouse’s contributions.
The rules regarding survivor’s benefits are more generous. In the event a former spouse dies, the surviving spouse is not required to meet the 10-year requirement if they are caring for a child who is either a minor under the age of 16 or who is disabled. The remarriage rule does not apply for those who remarry after age 60. People in that age group may still be eligible to apply for survivor’s benefits based on their former spouse’s contributions.
There are many different factors to consider when preparing to divorce. Understanding how a divorce may affect future retirement is an important consideration, especially if a person will need to rely on their former spouse’s Social Security contributions for benefits eligibility. People may want to discuss how their retirement might be affected with their family law attorneys. An attorney might help their client by making certain they receive their fair share of assets in the division of the marital estate, including portions of any retirement accounts their client’s spouses might have. An attorney might also negotiate agreements designed to protect their client’s interests.
