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Goldman Law Offices

Divorcees may retain Social Security benefits from their exes

Getting divorced doesn't necessarily mean Pennsylvania residents lose the advantages they'd have enjoyed if they stayed together. In some cases, they might still be permitted to claim Social Security benefits from their former spouses. The validity of such claims is determined by a complex set of rules. One important determining factor is whether the ex-spouse in question was actually eligible for Social Security.

To claim spousal Social Security benefits after getting divorced, an individual must prove that the marriage lasted a decade or more. Some couples even delay finalizing their divorces to meet this time requirement. Individuals also need to have been divorced for at least two years by the time of their claim to be eligible.

Those who want to know if they can obtain benefits can check on their status without their ex's involvement as long as they have information like Social Security numbers and their marriage and divorce paperwork. Factors like making a claim prior to reaching full retirement age may limit the benefits an individual receives. Getting remarried completely precludes people from claiming benefits from their ex-spouse's Social Security unless the previous spouse perished and the survivor remarried after the age of 60.

Getting divorced has many effects on people's futures. In addition to transforming their daily lives, it can impact issues like retirement plans and asset divisions. Although these changes are fairly significant, couples who plan their divorces carefully may be able to minimize negative outcomes and still provide for themselves comfortably. A family law attorney can often be of assistance in negotiating a settlement agreement that covers these matters.

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Goldman Law Offices

90 E. State Street
Doylestown, PA 18901

Phone: 215-348-2605
Fax: 215-348-5247
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