As divorce rates for older Americans continue to rise, Social Security benefits often become an issue in the parties’ divorce proceedings. Divorce can have significant effects on any Social Security benefits that you receive, both now and in the future.
For example, an individual who was married for at least 10 years, who is unmarried, who is at least 62 years of age, and whose former spouse is at least 62 years of age, may be entitled to draw benefits based on his or her former spouse’s earnings record in some cases. Similarly, an individual who has had two marriages of 10 or more years that ended in divorce may be eligible to draw off either former spouse’s earnings record, depending on the situation. Whatever the case may be, you must determine which option would result in the greatest amount of Social Security benefits being paid to you.
If, however, that individual can draw a greater amount of benefits based on his or her individual earnings record, then he or she is not entitled to draw off the former spouse’s benefits. Likewise, if the individual remarries, he or she is no longer eligible to draw benefits based on the former spouse’s earnings record.
There are many other ways that you may be able to utilize your former spouse’s earnings record in order to maximize your Social Security benefits, as well. These strategies are very fact-sensitive and only available in very specific circumstances. As a result, it is important to seek legal advice in order to best determine the options that are available to you in your particular situation.
If you are considering filing for divorce and you receive Social Security benefits, Shaw Law Firm LLC, can advise you of any potential issues that you may encounter. We will evaluate your situation and advise you about the available options in your case.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.