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Michigan couples who are close to retirement age and thinking about dissolving their marriage may be wondering how that decision could affect collecting Social Security benefits. An individual may or may not be entitled to collect an ex-spouse’s benefits as part of property division. It can depend on several things, such as when the divorce took place. The Social Security Administrations has strict criteria that must be met to determine if a person qualifies for benefits.
One recent report told the story of a 59-year-old woman who is on disability and divorcing her husband of 24 years. She wanted to discover if she would be able to collect on her soon-to-be ex-husband’s Social Security benefits. She was particularly interested in this information because, if so, she believed she would be able to receive a higher amount than her disability benefits alone.
One representative from the Social Security Administration indicated that she might become eligible to draw upon her ex-spouse’s benefits once she turns 62. This is because she meets other requirements; having been married for at least 10 years being one of them. However, in order to qualify, she must also still be unmarried at the time she seeks to collect the benefits and cannot be eligible for higher Social Security benefits for her own work history.
Other requirements apply. For instance, even if her husband hasn’t applied for them, he has to be eligible for retirement benefits. And if he hasn’t applied for the benefits, he has to then have been divorced from his ex-wife for at least two years. If he should die, she could qualify for benefits because she is at least 50 and disabled.
Even after decades of being together, some Michigan couples may decide that divorce presents the best option for happiness. For the couples who are concerned about receiving Social Security benefits after a divorce, it is imperative that they fully understand the guidelines set forth by the Social Security Administration. Individuals can benefit greatly by researching how the criteria may relate to their particular situation. The aid of an attorney could be helpful, too.
Source: CNN Money, “How does divorce affect Social Security benefits?,” Austin Kilham, Dec. 31, 2012