Social Security Benefits and Divorce

April 22nd, 2011 | Author:jwitherspoon | Family Law

One of the most detailed and drawn out processes in a divorce is the division of assets. Because there are many assets that both spouses will want to keep, deciding who gets custody of them may take a lot of time and, in some instances, might involve extensive arguing. Some of these arguments deal with child custody, inheritance, or residential property, but couples may also argue over Social Security benefits. If one spouse is drawing from the other spouse’s benefits and they get divorced, the spouse who is not receiving benefits may be unable to stay financially stable.

Social Security Requirements

If an individual wants to qualify for a portion of his or her ex-spouse’s benefits, he or she has to meet a series of requirements. Those requirements are:

  • The couple had to be legally married for at least 10 years
  • The individual must be 62 years old or older
  • The individual cannot be currently married
  • The individual cannot have his or her own Social Security benefits

Drawing from Social Security may be the only way you can have enough money to live so make sure you don’t get cheated out of your share in a divorce.

Contact Us

Divorce can be an extremely trying time in your life, and you need the help of a qualified divorce attorney. Contact the Conroe divorce attorneys of Garg & Associates, P.C., at 877-780-8937 today to schedule a free consultation with a qualified attorney. Our attorneys can help you understand your legal rights and options during this difficult process.



Comments are closed.