Pennsylvania Family Law Blog

In Part Two of our blog series discussing how divorce may or may not affect your social security, we will discuss what role time and age may play in social security and divorce. Based on a recent Wall Street Journal article, it is helpful to note that an individual who has not yet arrived at his or her full retirement age may receive a percentage of the monetary gain he or she would be entitled to get at that time.

When taking into consideration the benefits you are provided by your own work earnings, what is owed to you would generally have to be less than the benefits you would be given through your spouse’s work benefits. An exception to this is that if you delay filing for Social Security until your full retirement age, you can limit the degree of your application to your ex-spouse’s benefit only. In doing this, you can also maintain accumulating credits for postponing your own retirement benefit up to the age of 70.

Please note that if your ex-spouse obtains a payment based on your profits, your personal Social Security benefit should not be affected at all. For example, whether a person is still married or recently divorced, if subject A applies for benefits from Social Security based on subject B’s earnings record, then subject B’s benefits should not be altered, reduced, or penalized because of subject A’s application. Let’s say these two subjects divorce. Subject A can still apply for benefits and the circumstances would remain the same, even if subject B remarries and the new spouse applies for benefits based on subject B’s record.

If you require more details regarding how divorce may influence your financial stability, please contact Sheryl R. Rentz for more information. At the Law Offices of Sheryl R. Rentz, our skilled Pennsylvania family law attorneys have a wide range of legal knowledge and skill, lending us the experience that you need to be successful in your family law efforts. Call 610-645-0100 today.

As a Philadelphia family law attorney, I am often asked whether or not a divorce will affect social security benefits. This is a question that many individuals encounter throughout the United States, including Pennsylvania. From my experience as a divorce lawyer, and according to a Wall Street Journal article, there are a few points that may help clear up any confusion regarding social security retirement benefits based on an ex spouse’s work record.

In Part One of our blog series discussing whether or not a divorce will affect your social security, we will discuss four universal conditions that you must meet in order to obtain social security retirement benefits from your ex-spouse’s income. They are as follows:

1. You cannot be re-married
2. You had to have been married for at least 10 years
3. Your ex-spouse has to be allowed Social Security retirement or disability benefits
4. You must be at least 62-years old

In addition, some individuals may wonder if their retirement benefits will be reduced because of an ex-spouse’s entitlement to a portion of these funds. If an ex-spouse is to receive a part of your benefits, any sort of decrease should not be seen in what finances you are entitled to when you retire. Divorce affects lives in many ways but it does not have to turn your life upside down or burn a hole in your pocket. One of the most important things you can do is to stay informed about your legal options and know what factors, if any, may influence your financial stability.

If you or someone close to you is thinking about filing for divorce in Pennsylvania, seeking legal counsel from a skilled Pennsylvania divorce lawyer may be a productive step in the right direction. At the Law Offices of Sheryl R. Rentz, our family law attorneys know the ins and outs of Pennsylvania law as it pertains to family law, including divorce, spousal support, and much more. Call Sheryl R. Rentz today at 610-645-0100 for a free consultation.