Social Security Benefits and Divorce

The division of assets in divorce can be rather complicated. If you are relying upon on Social Security benefits to help you to meet your living expenses, you will have to discuss with your partner how this money will be handled in a divorce. In some instances, these benefit payments might be subject to division as if they were any other kind of asset.

If you are going through a divorce or considering the dissolution of your marriage, it is important to speak with a knowledgeable San Diego divorce attorney. The divorce lawyers of Fischer & Van Thiel, LLP, are passionately committed to offering the compassionate and capable representation that they need through this difficult time. Contact us today at 760-722-7646 to schedule a free consultation in order to learn more about how SSI or other Social Security benefits might be handled.

The Division of Social Security Payments

Social Security checks are typically divided equally after a divorce. However, the ability to receive certain benefits may change over time. In order to qualify for a former spouse’s benefits, you must meet the following requirements.

  • Married for at least ten years
  • Aged 62 or older
  • Single
  • If spouse dies, you may receive their benefits (if prior qualifications are met)
  • If you were remarried, you must be divorced from the second spouse, or the second spouse must be deceased

Contact Us

If you have questions about your Social Security benefits following divorce, you can speak to a San Diego divorce attorney at Fischer & Van Thiel, LLP. Let us help you to get your new life started without undue financial distress. Contact us by calling 760-722-7646.

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