Bradenton, FL asked in Tax Law, Social Security, Divorce and Family Law for Florida

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?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Tax Law Lawyer
  • Sacramento, CA

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

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.