Divorce and Social Security: A Few Considerations

In the realm of divorce, lots of considerations potentially pop up. Given the particular dissolution, child custody and support might be a primary concern. Perhaps spousal maintenance is front and center in negotiations between two soon-to-be exes. In a high-asset divorce, property division is obviously of key importance.

Seldom, though, is the topic of Social Security mentioned where divorce – and, often, remarriage – considerations arise.

For some people contemplating divorce, that omission can bring material – even dire – consequences, with the timing of a divorce having a potentially huge impact on spousal and survivor benefits. “People just don’t know what they don’t know,” says Social Security Administration communications director Leslie Walker. “The closer you get to retirement age, the more you need to know the rules.”

In a nutshell, the bottom line is this: The age of 60 is key and should set off warning bells and be underlined in bold for any person considering remarrying after a divorce. As Walker notes, a person remarrying before that age loses the ability to claim spousal or survivor benefits based on a former spouse. Waiting until after 60 to tie the knot retains all those benefits for life.

Being married for at least 10 years is also a benchmark to note for many people. Being married that long before divorcing enables a person to claim a spousal benefit from a former spouse who paid into the Social Security system.

Every divorce is different, with each having its unique fact pattern and concerns. An experienced family law attorney specializing in divorce can ensure that all material issues in a client’s case are considered and that the client’s best interests are fully promoted.

Related Resource: www.latimte.com “Divorce can complicate Social Security claims” March 6, 2011

How The Siemon Law Firm Can Help

Contact our Georgia Family Law Firm by calling 770-888-5120 or by completing this contact form.

An attorney will respond within 24 business hours.

    Fields marked with an * are required

    I Have Read The Disclaimer *

    Our Office Locations

    Map of office locations

    Cumming, Georgia

    347 Dahlonega Street
    Building 100
    Cumming, GA 30040 770-888-5120 Cumming Law Office Map

    Marietta, Georgia

    One Parkway Center
    1850 Parkway Place, Suite 715
    Marietta, GA 30067 770-888-5312 Marietta Law Office Map

    Alpharetta, Georgia

    4555 Mansell Road
    Alpharetta, GA 30022

    770-888-5093 Alpharetta Law Office Map

    Atlanta, Georgia

    3400 Peachtree Rd NE
    Suite 555
    Atlanta, GA 30326 770-888-5078 Atlanta Law Office Map