Getting a divorce will not affect your Social Security benefits when your retirement benefits are based on your own work history. However, if your benefits are based on your former spouse’s work history, you will only be eligible to receive benefits after a divorce if you meet the following criteria:
If you meet these criteria, and you have been divorced for at least two years, you will be eligible to receive social security benefits, even if your former spouse has not yet applied for them. It is important to know that Social Security will not notify your spouse of your application and your application will not affect the amount your ex-spouse will receive. Plus, if your ex-spouse has remarried, the benefits you receive will not impact their new spouse’s ability to receive benefits, if they are eligible.
Social Security will consider the following factors when determining the total benefit amount owed to you:
If you or your former spouse meet Social Security’s definition of disabled, you may qualify for Social Security Disability Insurance Benefits. However, you will only qualify if you have worked long enough in jobs covered in Social Security. If you are receiving SSDI based on your own work record, your divorce will not affect your eligibility. It is important to understand that the agency may garnish a portion of your benefits to pay for child support or alimony you may owe after divorce.
If you meet the following criteria, you may qualify for disability insurance benefits:
If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.
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