A little-known consequence of divorce is its impact on your Social Security benefits, especially if you earned more than your ex-spouse during the marriage.
Will your Social Security payments be reduced if your ex claims spousal benefits? Read on to find out.
Do you have specific questions about your situation? Call 888-530-4374 or contact us online to schedule a consultation with our experienced spousal support attorneys at DiPietro Law Group.
Will Your Social Security Payments Be Reduced if Your Ex Claims Spousal Benefits?
No. If your ex-spouse claims spousal benefits based on your work, this will not affect your Social Security monthly benefits.
What Spousal Benefits Can Your Ex-spouse Claim?
When you are married, your spouse can claim spousal benefits amounting to 50% of your Social Security benefits if their benefits would be lower. After you divorce, your ex-spouse may still be able to claim spousal benefits based on your work if they meet certain conditions.
What Conditions Must Your Ex Meet To Claim Spousal Benefits?
Your ex can apply for spousal benefits based on your work if:
- You were married for 10 years or longer
- Your ex is currently unmarried
- Your ex is aged 62 or older
- The benefits they would receive based on their work are lower than the benefits they would receive based on your work
- You are eligible for Social Security retirement or disability benefits
What if You Haven’t Applied for Benefits?
Your ex-spouse does not have to wait for you to file for benefits. They can claim spousal benefits based on your work even if you haven’t yet applied under the following circumstances:
- You are aged 62 or older
- You are eligible for benefits
- You have been divorced for a minimum of two years
Note that this option is only available to divorced spouses. If you are married, your spouse has to wait until you file for benefits.
Another unique rule for divorcees is that you and your ex can apply for benefits based on each other’s work once you reach the full retirement age. This will delay your retirement benefit and enable you to earn 8% a year in delayed retirement credits until you claim your benefits at age 70.
Is Your Ex Entitled to Spousal Benefits if They Remarry?
No. Your ex must stay unmarried to claim spousal benefits based on your work. If they remarry, they can apply for benefits on the work of their current spouse. If your ex divorces again, they could revert to claiming benefits based on your record.
Talk With a Virginia Spousal Support Attorney Today
Will your Social Security payments be reduced if your ex claims spousal benefits? At DiPietro Law Group, we answer questions like these every day. We can answer yours, too.
To discuss your situation, call 888-530-4374 or contact us online to schedule a consultation with one of our spousal support attorneys. We serve clients across North Virginia.