Social Security Benefits in Marriage and Divorce

In Social Security, the spousal benefit is a key component that must be considered. At retirement, this payment goes not to the worker who paid into Social Security over time, but her/his spouse. Originally, this was established to benefit a spouse with a stay-at-home role, and it still remains for those who may take some time off work. However, this benefit can affect people who have gotten divorced as well.

It is important to note that single people who were previously married may still be entitled to this benefit. The ex-spouse’s earnings record will determine which Divorcees also have, and in some cases will take, the opportunity to coordinate claiming their benefits through their ex-spouse first and switching to collecting their own retirement funds later. However, upon becoming re-married, there is no longer entitlement to the benefits from the first spouse, as your new spouse would be your presumed means of support for future retirement. If your ex-spouse gets re-married, you should still be entitled to your original spousal benefit.

Claiming strategies are important for both married and divorced individuals, because deciding when to claim will be a key factor in receiving your benefits. If you have questions regarding claiming your social security, call us to schedule a no-obligation consultation today at (407) 869-9800.

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