Helping You Resolve Difficult Issues In Family Law

How change in marital status may affect Social Security

On Behalf of | Apr 2, 2015 | Uncategorized

Some Arizona residents contemplating divorce may be interested in the way remarriage or divorce affects benefits from Social Security. Several factors influence whether an ex-spouse may collect retirement and survivor benefits after divorce. In addition, remarriage may have a substantial effect on benefits.

If a couple is married under 10 years, the ex-spouse may receive spousal benefits after divorce. In addition, if the spouse is 62 years of age, the ex-spouse may file to collect early benefits. Collection of spousal benefits remains in effect until the ex-spouse remarries, at which time they cease. If the marriage lasted under 10 years, the ex-spouse is unable to receive spousal benefits.

Benefits received after a spouse dies share the same 10-year period of eligibility. As with spousal benefits, if the marriage continued for or beyond 10 years, survivor benefits are available to the ex-spouse. An ex-spouse who is raising children younger than 16 may still collect survivor benefits despite being married for a period that was shorter than 10 years.

Remarriage may change many things, including survivor and other Social Security benefits. Generally, if a spouse remarries, collection of Social Security spousal benefits will stop. Survivor benefits, on the other hand, may continue. If a spouse remarries before age 60, survivor benefits cease unless the remaining spouse is taking care of eligible children who are either disabled or under 16. If a spouse remarries after the age of 60, the survivor benefits are not curtailed.

When an individual is facing divorce or considering remarriage, he or she may be concerned about whether Social Security benefits may stop. Consulting an attorney to see if one’s specific situation applies may be beneficial. The attorney may provide guidance concerning benefits after divorce or remarriage.