There are few things more important in the course of divorce than protecting your assets. While you may primarily wish to protect your house and the assets in your bank account, you should also strongly consider the importance of your Social Security benefits. Our firm has helped countless individuals protect and secure the Social Security benefits they need after a divorce, and we are here to help you too. Continue reading and speak with our Los Angeles divorce attorneys to learn more about Social Security & divorce in California.
Your Divorce Decree Should Allow You to Keep Your Social Security Benefits
Generally speaking, when couples are married for at least 10 years and at least one of the parties worked for at least 10 of those years, the party’s spouse should receive their Social Security benefits, even after a divorce. There are scenarios where divorce decrees explicitly prohibit one spouse from receiving SS benefits, but this is very rare.
You Can Receive Your Ex’s Benefits Without Costing Him/Her a Dime
If both you and your spouse worked for at least 10 years, you will have the option to choose your spouse’s benefits or the benefits you have earned through Social Security. Not only are you allowed to choose the higher benefits, but you will also not cost your former spouse a dime by claiming his/her benefits. This is why it is simply the smartest choice to choose whichever benefits are higher.
You Are Entitled to Your Ex’s Benefits the Day You Are of Age
Once someone reaches the age of 62, they are allowed to claim their former spouse’s Social Security benefits, even if their ex has not yet claimed the benefits. This means that as long as your spouse worked for at least 10 years, you should be able to secure your Social Security benefits the day you turn 62.
You Do Not Need Your Former Spouse’s Permission to Receive Their Social Security Benefits
Many people believe that if they are to receive their former spouse’s Social Security benefits, they are required to have their former spouse “sign off.” This is not the case. As long as you have your former spouse’s Social Security number and their place of birth and date of birth, you should be able to apply for his or her Social Security benefits. If you have any further questions regarding Social Security and divorce, simply reach out to our knowledgeable California divorce attorneys today.
Contact our experienced Los Angeles firm
Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.
