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Divorce impacts Social Security benefits

On Behalf of | Nov 27, 2019 | Divorce |

Breaking up with a spouse can no doubt be stressful at any age from a financial standpoint. However, it can be even more difficult for those nearing retirement. Here is a rundown on how Social Security retirement benefits work for individuals who have gone through divorce in San Antonio.

As a general rule of thumb, a divorced individual can receive Social Security funds based on the work record of his or her ex-spouse. The great thing about this is that the benefits that he or she receives have no impact on the benefit amount that the ex-spouse gets. The divorced party is eligible to receive half of his or her ex’s full retirement total if he or she starts getting benefits at his or her full age of retirement. In addition, if the ex ends up dying first, the divorced party may receive the full benefit amount that he or she would have received. However, obtaining these benefits is possible only if the divorced individual meets certain criteria.

First, the person who is divorced must have been married to his or her ex for at least a decade. Second, this person must not be married currently and must be at least 62 years old. In addition, the ex-spouse must be eligible to receive benefits from Social Security. Also, the divorced individual’s personal benefit amount must be lower than the amount available for him or her to get based on the work record of the ex-spouse.

Understanding the ins and outs of divorce and retirement can understandably be challenging. However, an attorney in San Antonio can provide the guidance needed to make informed financial decisions during the divorce process. The attorney’s chief goal is to ensure that the client’s best interests are protected during all phases of the divorce proceeding.