Understanding How Divorce May Influence Your Social Security (Part Two)

By Sheryl Rentz on January 13, 2010

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.