When a couple divorces, some of the primary concerns that arise relate to benefits. Will I be able to collect from my spouse's retirement or pension plan? What happens to social security? Unlike many other areas of family law, entitlement to benefits is not addressed using a weighing of factors or a subjective measurement of need.
In order to collect on your spouse's social security following a divorce, specific criteria must be met:
1. The marriage must last at least 10 years.
2. The divorced spouse has attained the age of 62.
3. The divorced spouse is not married and is not entitled to receive more social security form his or her own work record.
How Social Security Can Ease the Conflict in a Divorce
Assets are always a source of conflict during divorce. Much time and energy are spent deciding who is entitled to what, and how everything should be divided. With social security, there is no guesswork: you either meet the criteria or you don't. If you do meet the criteria, then it will likely be a source of comfort, since you know you will be provided for when you reach retirement age.
Get the Answers you Need at Villani & DeLuca, P.C.
If you have been married for less than ten years and are concerned about losing your right to your spouse's social security benefits, consider speaking with an attorney. At Villani & DeLuca, P.C., we can assess your situation and help you decide the right way to move forward. Finances are an especially complex issue in any Monmouth County divorce, and it is important to speak with someone who knows the law and can guide you during this difficult time. In some cases, separation for a period of time may be the best option, as it will preserve your access to these benefits in the future.