Maybe you all know this already, but I have had several cases where the issue of dividing social security benefits has been raised (especially in cases where one spouse earned significantly more than the other during the marriage). Below is a brief summary, and follow-up website to provide clients with should they ask these questions.
How will my divorce affect my pension benefits?
If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if he or she has remarried) if:
If you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends (whether by death, divorce or annulment).
If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years.
If you are eligible for retirement benefits on your own record we will pay that amount first. But if
You can choose to receive only the divorced spouse’s benefits now and delay receiving retirement benefits until a later date. If retirement benefits are delayed, a higher benefit may be received at a later date based on the effect of delayed retirement credits.
The amount of benefits you get has no effect on the amount of benefits your ex-spouse or their current spouse may receive.
If you need information about benefits your ex-spouse can receive based on your record, please read Benefits for your divorced spouse.
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