Divorce has many implications for individuals and their lives in terms of finances, retirement, and Social Security.
This article is written for people who are facing a divorce in South Carolina and want to know how this process will influence their Social Security.
Most divorced persons do not know that they can still apply for survivor benefits according to the earnings of their ex-spouse.
In this post will look at the factors that dictate whether a divorced spouse can be entitled to benefits, the amount of benefits that he or she is likely to receive, and the situation that arises when either of the spouses remarries.
Receiving Social Security Benefits After Divorce
Knowing the ways of obtaining Social Security benefits after divorce is essential for people who rely on financial support in their retirement period.
There are two general requirements that one has to meet to qualify for the benefits: length of marriage and age of benefits receipt.
Length of Marriage Requirement
For one to be eligible for Social Security benefits based on an ex-spouse’s earnings record, the marriage must have been for at least 10 years.
This rule is important to divorced persons especially if they are expecting to receive these benefits upon their retirement. If the marriage was dissolved before the couple has been married for ten years, the divorced spouse cannot claim benefits based on his or her ex-spouse’s earnings.
Satisfying this condition makes it possible for a divorced spouse to seek a share of these benefits irrespective of the time of the divorce.
Age and Timing Considerations
Certain factors determine the age of the divorced spouse at which he/she can expect to receive Social Security benefits.
A divorced spouse is also eligible to receive social security benefits as early as 62; however, when applying before the full retirement age, he or she will receive lower monthly benefits. Depending on the year of birth, the full retirement age is different, and waiting for it will guarantee one’s full amount.
In most cases, the divorced spouse is also required to wait until his or her ex-partner begins receiving the spousal benefits but there are some conditions under which the rules may be different if both partners are over retirement age.
How Much Can You Receive in Benefits?
This is important to divorced people who want to know how much they are eligible to receive in Social Security benefits based on their ex-spouses’ work history.
The benefits that a divorced spouse may be able to receive will depend on the following; The benefits that the ex-spouse is eligible for.
Divorced Spouse’s Benefits
A divorced spouse can get up to half of the full retirement benefit of the former spouse provided the divorced spouse meets certain conditions, for instance being married to the ex-spouse for a period of not less than 10 years.
This benefit is available even if the ex-spouse has remarried and this is due to the fact that health problems do not discriminate the status of a person whether he or she is married, single, or a divorcee.
However, to qualify for the full 50% of the other spouse’s benefit, the divorced spouse must wait until he or she reaches the age of full retirement, which is defined by the year of birth. If they opt to apply for benefits before the age of retirement, then what they will be paid will be less.
Impact on Ex-Spouse’s Benefits
For instance, divorcee Social Security benefits that are received by a divorced spouse do not in any way reduce the benefits that the ex-spouse is entitled to.
The ex-spouse will continue to receive his or her full benefit amount even if one or more divorced spouses are receiving benefits based on the ex-spouse’s record.
This makes it important for you to hire one of our divorce lawyers who can help you to go through the process.
What if the Ex-Spouse Remarry?
Divorce and remarriage may impact the divorced spouse’s ability to obtain benefits based on his or her ex-spouse’s work record. However, the remarriage of either party can be in different ways depending on which party is getting remarried.
These include:
The Remarriage of the Divorced Spouse
In case a divorced spouse decides to remarry, he or she will not be allowed to benefit from the social security administration system under his or her ex-spouse.
The remarriage prevents the divorced spouse from being able to keep receiving benefits based on the ex-spouse’s work record.
Rather, the remarried spouse would have to apply for benefits based on the new spouse’s record, if at all possible. But, if in the new marriage, there is a divorce or death, the divorced will be eligible for a new benefit from the previous partner.
Effect of the Ex-Spouse’s Remarriage
As for the Social Security benefits, the divorced spouse’s right to receive payments is not influenced by the fact of the ex-spouse’s remarriage.
Regardless of whether the ex-spouse marries once or many times, the new status of the ex-spouse will not affect the amount of claims that the divorced spouse has a right to make.
The divorced spouse can still receive up to 50 percent of the ex-spouse’s benefits if he or she qualifies for it depending on certain conditions regardless of the marital status of the ex-spouse.
Applying for Social Security Benefits as a Divorced Spouse
Applying for Social Security benefits as a divorced spouse is quite easy if the application process and paperwork are well planned in advance.
This is true in South Carolina as it is elsewhere: the applicant has to meet the requirements and produce the right documents.
Application Process
To file for Social Security benefits as a divorced spouse, you will need to follow these steps:
Confirm Eligibility
Make sure your marriage is at least a decade long and that you are of the right age (62 years and above). Also, verify whether your ex-spouse is entitled to Social Security income, even if he or she has not claimed it yet.
Gather Required Documentation
Before applying, make sure you have all the below documents ready:
Apply Online or In-Person
The (SSA) provides an opportunity to apply for benefits online on their website or visit the South Carolina Social Security office.
Complete the Application
Application form that contains various questions concerning your marital history and information about your ex-spouse.
Submit the Application
Enclosed is your duly filled application accompanied with the necessary documents. After this, you will be notified of your benefits by the SSA after they have gone through your case.
Required Documentation
To apply for Social Security benefits as a divorced spouse, you will need to provide the following documents:
Proof of Identity
Some of the acceptable forms of identification include a driver’s license, a passport or any other government-issued identification.
Social Security Numbers
Your own Social Security number as well as your ex-spouse’s Social Security number.
Marriage Certificate
The copy of the marriage certificate shows the authenticity and duration of the marriage.
Divorce Decree
A certified copy of the divorce decree will prove that the marriage has been dissolved legally.
Birth Certificate
Your passport with your age and shows that you are qualified to be a participant.
Proof of Work History
Details of your own work record, if any, in your case if you are also entitled to receive benefits based on your work credits.
The purpose of these documents is to help you simplify the application process and avoid possible delays while waiting for the decision.
Divorce Settlements and Social Security
To properly approach a divorce settlement, it is necessary to know how the Social Security benefits are going to be implemented within the larger context.
Although Social Security is not directly divisible during the process of divorce, other retirement or pension benefits such as 401(k), pensions, etc are divisible, and hence proper financial planning has to be done in this respect.
Division of Other Retirement Accounts
While Social Security benefits are deemed federal benefits and thus cannot be divided upon a divorce, other kinds of Social Security retirement benefits including the 401(k), the IRA, and pensions may be divided between the spouses.
In South Carolina, such retirement accounts are regarded as marital assets, and their distribution is usually done as part of the property division.
These assets may be divided by the court with the help of a Qualified Domestic Relations Order (QDRO) which will provide both spouses with the agreed or court-ordered share of the distribution.
Financial Planning Considerations
When negotiating a divorce settlement, it’s crucial to consider the role Social Security benefits or disability benefits may play in your retirement planning:
What is the worth of social security benefits?
If you are in a position to be able to claim Social Security on your ex-spouse, then consider that form of income as part and parcel of your retirement planning.
Although these advantages are not segmented, they may decrease your demand for other assets.
Balance Other Retirement Assets
Because social security benefits are not divisible, make sure that other retirement accounts such as 401 (k)s and pensions are divided fairly.
It would also be wise to claim a larger portion of these assets if your ex-spouse may be eligible for a large share of Social Security benefits.
Timing of Benefits
Think about the time when you can get Social Security benefits. If you are close to retirement age, make sure that the settlement spells out when, and to what extent you will be able to.
If younger, try to understand how the division of assets and liabilities may impact your financial stability in the future.
How Our Divorce Lawyers Can Assist You
Pension is not easy to understand and when coupled with the issues of Social Security benefits and divorce, other issues such as retirement accounts and alimony can be very daunting.
Our seasoned family law lawyers at Max Hyde Law Firm know the complex legal procedures of South Carolina divorce law to defend your financial stability.
Evaluating Your Retirement Options
It assists you in knowing how social security will affect your retirement and all other retirement property is divided.
Helping You Navigate the Application Process
If you are in a position to apply for Social Security benefits based on your ex-spouse’s earnings, we help you get the benefits that you are legally entitled to.
Negotiating Divorce Settlements
We protect your financial interests in divorce, including how your retirement funds and possible Social Security benefits will be affected.
Providing Ongoing Support
Whether you are planning for retirement or planning a remarriage our lawyers provide legal guidance to any issue that may arise even after the divorce process is complete.
Feel free to call us at 864-804-6330 for a free consultation to learn, how we can help you with the divorce and issues related to Social Security benefits.
