Can You Claim Social Security Benefits After a Divorce?

Working out a plan for what will happen to assets and debt and the family's support needs is part of every divorce process in New York.

An experienced family court attorney in Queens, NY, can assist you in drawing up a plan that benefits both parties. You especially need to work with a local attorney because there are a number of myths and misconceptions about how to collect social security in the wake of a divorce. Some of the most common fallacies surrounding social security for ex-spouses, as well as general facts about how the process works, are outlined in this blog.

Many people believe that one cannot collect social security benefits from an ex after divorce.

This is not true. An ex-spouse can file a claim for the ex-spouse's social security benefits — the Social Security Administration (SSA) says so themselves. However, there are some criteria:

For the ex-spouse to be eligible for spousal security benefits, the marriage must have lasted at least 10 years. On top of that, the ex-spouse must be unmarried and at least 62 years old to qualify for the benefits. The ex-spouse claiming the benefit must also be eligible for retirement or disability benefits. The benefits that the ex-spouse is entitled to claim based on the other party's work must be greater than the benefit they would be entitled to get from their own work.

Another one of the most common myths surrounding divorced couples' social security benefits is that an ex-spouse may be able to exert influence on the other spouse's social security payments.

Once more, this is not true. A spousal security benefits claim filed by an ex-spouse has no bearing on the other party's benefits. By the same token, if a party decides to remarry, the current spouse is not affected by the ex-spouse's claim to benefits.

Another prevalent misperception about post-divorce social security payments is that an ex-spouse cannot claim benefits on the other party's record if the other party has not yet applied for social security retirement benefits.

Even so, if the party is eligible for retirement benefits, the ex-spouse may be entitled to collect them — on the assumption that the parties have been divorced for at least two years.

Even with this knowledge, many people may be hesitant to file a claim on an ex-spouse's social security benefits, especially if the parties are not in touch. Be that as it may, one ex-spouse's approval or consent is not required for the other to seek benefits. Though the SSA may require information to identify the record, the ex-spouse may not need to be contacted personally for the claim to be processed.

It may seem tricky to find your way around social security benefits, especially after a divorce. Your Nassau County divorce attorney may be able to help you understand how the process works and what you may be able to claim — it helps to be well-informed about your options before committing yourself to file a claim for benefits!

David L. Martin, Esq.​ has more than 33 years of experience in handling divorce and family law cases, with a great track record of winning cases.