Q: I receive "spouse's benefit" social security. What happens to my income if I divorce?
I get social security on my spouse's record (50% of the amount they receive). I want to get a divorce. We've been married 50 years, so I understand that I can get the same amount as an ex-spouse. Will my benefits transition automatically? Will I have to reapply? Will there be a delay in my income during divorce proceedings?
A: In California, if you've been married for at least 10 years and are 62 or older, you can receive Social Security benefits based on your ex-spouse's record after a divorce. Since you've been married for 50 years, you qualify. If already receiving spousal benefits, they should automatically transition to ex-spouse benefits post-divorce. It's vital to inform the Social Security Administration of your divorce to ensure continued benefits. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney or directly with the SSA to ensure a smooth transition and get a comprehensive understanding of your benefits.
A: If you divorce after at least 10 years of marriage, you may still be eligible to receive Social Security benefits based on your ex-spouse's record. Given that you've been married for 50 years, you meet this requirement. Typically, if you are already receiving spousal benefits, there shouldn't be a need to reapply after the divorce. Your benefits should continue without interruption, so long as you remain unmarried. However, it's prudent to notify the Social Security Administration (SSA) about the change in your marital status to ensure proper record-keeping. There shouldn't be any delay in your income during the divorce proceedings related to this transition. Nevertheless, always consult with the SSA or a legal representative familiar with Social Security benefits to confirm the specifics of your situation and ensure a seamless transition.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
