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?
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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.
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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.
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