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Divorce and the Rules of Social Security

Divorce is complicated. Social Security is complicated. Combine the two together, and it can be challenging to sort out your position with social security after a divorce. Once you start to do the research, you might be feeling overwhelmed. It might help to know that there are several basic Social Security perks that you should learn a bit about—and they’re not all that complicated in the end.

Getting Started

It’s important to point out that if you were married for at least ten years before you divorced, you’re eligible to receive Social Security benefits on your ex-spouse’s Social Security earnings record.

Will You Marry Me…Again?

It might seem weird, but it does happen—people marry and divorce twice. In fact, it happens enough that Social Security addresses the issue. If a couples’ two marriages, when combined, add up to a full ten years (or more) of marriage, those spouses are back in the running and are eligible to receive benefits based on their ex-spouse’s Social Security earnings record.

Maximum Benefits

If you claim benefits based on your ex-spouse’s earnings record, you can claim up to a maximum of 50 percent of your ex’s full retirement benefits. This amount goes down, however, if you file for benefits before you reach your age of full retirement.

If You Remarry

If you remarry, you won’t be able to claim benefits based on your living ex’s earnings record. If, however, your ex is deceased and you remarried after you turned 60, you can collect on your deceased ex’s Social Security earnings record. Further, if you’ve been married to a new spouse for at least 12 months, you can file for spousal benefits on your new spouse’s Social Security earnings record.

Well, maybe all that is a bit complicated. The fact is, if you’ve been divorced for more than ten years and are approaching retirement age or are looking at a gray divorce (divorce at 50 or older), you likely have some questions that need answering. An experienced divorce attorney will help you parse your options and help ensure that you receive the Social Security benefits to which you are entitled when the right time comes. Social Security—much like any governmental mechanism—is a complicated program, but your rightful benefits matter too much to simply leave them to chance.

If You Have Questions about Social Security and Divorce, Consult a Texas Divorce Lawyer Today

Divorce comes with a unique set of complicated issues, and the rules related to collecting Social Security benefits is one of them. If you’re facing a divorce in Sugar Land, Katy, Richmond, Rosenberg, or anywhere in Texas, Attorney Frank J. Vendt atThe Vendt Law Firm, P.L.L.C. is an experienced divorce attorney who can help you better understand how your Social Security benefits will be affected. Mr. Vendt is here to answer your questions and to help you move forward, confident in the knowledge that you’re protecting your best interests into the future. To schedule a consultation with Mr. Vendt, please contact or call our office at (832) 263-6770 today.

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