Q: divorce was filed after 5 yrs of marriage can soon to be ex get future social security if it is't final for 10 yrs
ex wife is dragging out divorce. filed over 2 years ago and no final date in site. can she claim my social security benefits if the marriage isn't final and we are still legally married at 10years?
A:
The duration of a marriage can impact entitlement to Social Security benefits, particularly in the context of a divorce. Generally, for an ex-spouse to claim Social Security benefits based on their former spouse's record, the marriage must have lasted at least 10 years. This is a federal guideline, not specific to any state, including Florida.
If your divorce is not finalized and the marriage reaches the 10-year mark, your soon-to-be ex-wife may potentially qualify for benefits on your Social Security record. This eligibility doesn't necessarily impact the amount you receive but allows her to claim benefits based on your earnings record under certain conditions.
It's important to consider that Social Security benefits are governed by federal law and are separate from the divorce proceedings. Therefore, even if the divorce is being prolonged, the eligibility for Social Security benefits will be determined by the length of the marriage as recognized legally. If you have concerns about the implications of a prolonged divorce on Social Security benefits, it may be beneficial to discuss this with a legal advisor. They can provide guidance on how to best approach your situation.
Laura Arcaro agrees with this answer
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