Marital Assets

Divorce and Social Security Benefits

If you get divorced, you still can receive your former spouse’s social security benefits. However, the following conditions apply:

  1. Your marriage must have lasted at least 10 years;
  2. You must presently be unmarried (if you remarry but the second spouse dies, you are still eligible to collect from the first spouse);
  3. You must be at least 62 years old;
  4. The benefits you are entitled to through your work history are less than the benefits you are entitled to from your former spouse.
  5. It is important to note that the amount you receive does not impact the amount of social security paid to your ex-spouse.

Even if your ex-spouses passes away, you can still collect their benefits provided that:

  1. Your marriage lasted 10 years;
  2. You are 62 (or 50 if disabled);
  3. Your ex-spouse was eligible for social security benefits;

The benefits you are entitled to through your work history are less than the benefits you are entitled to from your former spouse.

Recent Posts

Irrevocable Trust Solutions: Modification and Termination Strategies in New Jersey

Understanding and Updating Irrevocable Trusts Under NJ Law Many types of trusts share a principal…

1 week ago

No-Show at Custody Court? The Impact of Default Orders on Your Case

The Impact of Missed Custody Hearings: Understanding Default Orders A mother sits anxiously in the…

1 month ago

The Truth About Bankruptcy and Child Support Responsibilities

New Jersey's Enduring Commitment to Child Support, Despite Parental Bankruptcy Financial hardship can force you…

3 months ago

Influence on Child Support When You Have Children in Different Households

Balancing Child Support Responsibilities Across Multiple Families in NJ When parents have children from multiple…

3 months ago

Surrogacy Consultation Questions when Choosing Legal Counsel

Knowing What to Ask Your Surrogacy Lawyer in New Jersey Surrogacy may be a viable…

3 months ago

Strategies for Addressing Unpaid Taxes in New Jersey Real Estate Transactions

Understanding Unpaid Taxes in NJ Property Transactions Buying, selling, and owning homes comes with various…

3 months ago