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Will Your Ex-Spouse Receive Your Social Security Benefits After Divorce?

Divorce is never anticipated or expected when you first walk down the aisle, but according to the United States Census, the national marriage rate was 16.6 women out of every 1,000 over the age of 15 in 2018. According to the same reporting, the national rate of divorce in the country that same year was 7.7 out of every 1,000 women. Why are women used to determine marriage and divorce rates in the nation? Data suggests women report more accurately than men. 

Divorcing couples often have many questions about how the dissolution of their marriage will affect their lives. One of the most common concerns is how a divorce will impact their personal finances. Social security retirement benefits are a huge consideration that many Americans are banking on. If you are divorcing, it is important to understand your financial situation so that you can better plan for your future.

Can Your Ex Get Your Social Security Benefits After Divorce?

There are multiple ways in which your ex may still have rights to a portion of your retirement benefits after divorce. Both the employment situation and the income records of a working spouse can greatly impact what another spouse is entitled to receive after divorce. If your paycheck has accounted for you paying a substantial amount into your social security, then your ex will be able to receive more money monthly from those payments. When what your ex-spouse would receive through their working past is much lower than what they would receive by obtaining your benefits, they are likely going to have a good claim to those benefits.

Keep in mind that each year the guidelines that dictate how Social Security benefits are administered can change. Currently, though, if the following is true, then your spouse will be able to collect from your Social Security retirement benefits:

  • A marriage that lasted at least 10 years 
  • The spouse that seeks the benefits does not remarry
  • The spouse seeking the benefits is at least 62 years-of-age
  • The spouse whose benefits are in question is entitled to those benefits

In most situations, a spouse who remarries nullifies his or her ability to continue to receive or to begin receiving benefits from a former partner. When your ex-spouse’s next marriage ends prematurely via death, divorce, or annulment, you may be back on the hook for paying.

Are You Considering Divorce in Indiana?

If you and your spouse are headed for divorce, the process can be emotional, complicated, and devastating in many ways, including financially. It is important that you have knowledgeable and resourceful legal representation to ensure that your rights are protected and that you walk away with the most favorable outcome possible. 

Christopher L. Arrington, P.C. is an Indiana divorce attorney who can help secure your interests and fight to keep the burden of the legal process off of your shoulders. You deserve to move forward with the next chapter of your life as seamlessly as possible. Call Christopher L. Arrington, P.C. today at (317) 745-4494 to schedule your free consultation at my Danville family law firm.

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