Pennsylvania, Social Security Benefits and DivorceFebruary 28, 2014
Social Security Benefits and Divorce in Pennsylvania
One benefit that is sometimes overlooked in divorce cases are the benefits a spouse or ex-spouse may be entitled to receive under Social Security. Generally, even if one spouse has never worked under Social Security, that spouse may still be entitled to receive Social Security and Medicare benefits. If a person is at full retirement age when they start to receive benefits, the benefits can equal one-half of their spouse’s full retirement amount. The benefit amount a person receives as a spouse does not decrease the other spouse’s retirement benefit.
Divorced Spouses in Pennsylvania
In addition to the benefits available to spouses, a person may also be eligible to receive benefits as a divorced spouse. Generally, if a person is divorced and the marriage lasted 10 years or longer, a person may also receive benefits on their ex-spouse’s record. However, there are certain conditions that must be met:
- You are unmarried;
- You are age 62 or older;
- Your ex-spouse is entitled to Social Security retirement or disability benefits; and
- The benefit you would receive on your own work has to be less than the benefit available based on your ex-spouse’s work.
When a person finds themselves in a divorce situation, the Social Security benefits that may be available to them as an ex-spouse need to be explained and considered and both parties should discuss the benefit options with their attorneys to determine how, if at all, Social Security benefits can impact on an overall financial resolution to a divorce.
You can find additional information on the Social Security benefits available to spouses and ex-spouses at www.ssa.gov. If you need assistance with a divorce in central Pennsylvania, call the Harrisburg divorce lawyers of DZMM at 717-724-9821.