Social Security and divorce

On behalf of Stange Law Firm, PC posted in divorce on Wednesday, July 20, 2016.

Many Missouri residents are aware that they can claim Social Security benefits based on their spouse’s earning records. However, they may not aware that they may be able to do so even if they have gotten divorced and are still single. The first requirement to claim benefits based on a former spouse’s income is that the marriage must have lasted at least 10 years.

Those who are planning to get a divorce may want to wait until the 10-year mark has passed to be eligible for those benefits. Assuming that the marriage lasted for at least 10 years, an individual needs to be divorced for at least two years before a claim can be made. When making the claim, individuals should be prepared to show both their marriage certificate as well as their divorce decree as evidence that they meet these criteria.

It may be possible to make a claim even after getting remarried. Those who are over 60 years old may be eligible if their former spouse has died and that person’s benefit is larger than the one he or she may be entitled to. It is important to check that a former spouse was eligible for Social Security benefits as government workers in the past may not have participated.

After a divorce, an individual may have several financial issues to settle. First, it may be possible to get spousal support from a former husband or wife on a temporary or permanent basis. There may also be retirement plans to divide. Talking to an attorney may help an individual determine what type of benefits may be available.

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