Collecting Social Security Benefits After Your Divorce

About Jay D. Raxenberg

Not just any divorce attorney. Learn what makes Jay D. Raxenberg Long Islands choice for Divorce Law.

Why Choose Us?

Find out what sets us apart and what you should be looking for when choosing a family law attorney.

Divorce Do's and Dont's

Find out what you should and shouldn't do during the divorce process.

A common misconception is that if you are divorced, you will lose Social Security benefits as an ex-spouse.  However, according to a recent article posted by Forbes entitled “Getting Social Security Benefits After Divorce,” there are certain situations where that is not always the case.

You do not need to still be married in order to collect spousal or survivor benefits.  Additionally, those benefits are based on your ex-spouse’s past earnings.

Forbes posts that you can still receive benefits from your ex-spouse’s record even if he or she got remarried.  Also, your choice to collect does not impact the size of your spouse’s benefits or those of his or her new spouse.  It is also probable that your former spouse will not even know if your are collecting benefits of his or her record as the Social Security Administration does not notify the individual as a matter of course.  An individual can have multiple former spouses collecting on his/her earnings history, and if you were married more than once, for a minimum of ten years each, the SSA will make sure that you collect the highest benefit possible, so long as you submit the relevant marriage and divorce certificates and documents required.

Thus, you do not have to worry about being “cut off” from your former spouse’s Social Security benefits due to your divorce.   If you are considering filing for divorce or want to speak to a knowledgeable and experienced Long Island divorce attorney to discuss your options, please contact the Law Offices of Jay D. Raxenberg.

Call us at (516) 491-0565 or toll free at 888-543-4867.

Posted in ,