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Social Security retirement benefits and divorce

On Behalf of Cullen Family Law Group | Feb 13, 2023 | Divorce |

Social Security benefits may go to the spouses of workers, including same-sex couples, after they end their marriage. However, the marriage must have lasted at least 10 years and spouses must meet other complicated eligibility requirements. These issues become more complex if the parties involved had more than one marriage or divorce.

Social Security eligibility should be part of property division negotiations.

Divorced spouses’ benefits

A divorced spouse who claims their Social Security benefits at their full retirement age or later may receive 50% of their former spouses’ primary insurance amount if they did not remarry before they reached 60. Also, their own benefit must be less than 50% of their ex-spouse’s benefit. Retirement age depends upon year of birth.

Divorced spouses who make claims on the record of an ex-spouse will not receive more benefits if they delay their benefits until after their full retirement age.

The ex-spouse’s age when they claim benefits is irrelevant. If a spouse claims benefits at their full retirement age, they will receive their maximum divorced benefit regardless of the timing of their former spouse’s claim.

Eligibility

A spouse who claims benefits based on their former spouse’s work record must be single when they make the application. It does not matter if that former spouse is remarried or single. Their former spouse, and another spouse, may be eligible for those benefits.

The marriage must last at least 10 years. It is important to consider the actual legal date of the divorce.

Other complications

Spouses who divorced more than once after they were in marriage lasting at least 10 years may claim the higher of the two divorced spouses’ benefits if they are currently single.

The filling status of the spouse on whose record the claim is made is irrelevant if the spouses divorced over two years earlier. But that spouse must be at least 62 if the claim is filed less than two years before the divorce.

Eligibility requirements can complicate divorce negotiations. But Social Security is an important income source for retirees. Attorneys can assist spouses on this and other divorce issues.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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