If you have been married more than 10 years, you may still be able to collect
on your ex-spouse’s Social Security benefits even if you have separated.
Most retirees don’t understand how their Social Security benefits
are calculated, but it is important to have an understanding of this system
if you want to make the most of your benefits after your divorce.
If you were married to your ex-spouse for at least 10 years and have been
divorced to at least two years, then you are eligible for a divorced spousal
benefit. You have the ability to claim your own benefit or your ex-spouse’s
benefit depending on which one is higher.
Some strategic retirees choose to claim both benefits. To do this, a retiree
may begin their divorced spousal benefit at age 66 and then switch to
their own benefit at age 70. This allows them to collect more on their
own benefit and can cause a massive percentage growth in earnings.
This is known as restricted filing application because Social Security
assumes that you are filing for the higher of the two benefits unless
you say specifically that you are restricting your larger personal benefit.
You aren’t able to restrict your filing if you start collecting
benefits early. In that case, you need to take the highest benefit first
and stick with it.
If you get remarried after your divorce, it will discontinue your access
to your ex-spouse’s benefits. In one year, you can use your new
spouse’s benefits if they are higher than yours. If you want more
information about Social Security benefits, then you need to contact a
skilled Los Angeles divorce attorney at Claery & Hammond today for more
information. With the right lawyer on your side, you will be able to get
the assistance that you need in your case.
