Divorce and Social Security Benefits

Divorce and Social Security Benefits

By Frank Vendt |

Grey divorce, as divorce among mature couples is often referred, can amount to one of the most complicated divorce procedures of all. If you’re retired and are receiving Social Security benefits, your spouse may be eligible for some of those benefits after divorce. It’s useful to familiarize yourself with the rules regarding Texas divorce and Social Security benefits. Because the issue is so complex, however, you are well advised to seek experienced legal counsel.

Social Security Benefits

It’s no secret that the laws surrounding Social Security benefits can be extremely complicated; adding divorce into the mix can take things to the next level. If you receive Social Security benefits, were married for at least ten years, and have been divorced for at least two years, your ex-spouse is legally entitled to divorced spousal benefits. This rule also applies in reverse – if your ex-spouse is receiving Social Security benefits. Either of you can make your Social Security claim on your own or on your ex-spouse’s benefits – whichever payment is highest.

Benefits and Age

Your age and your ex-spouse’s age can complicate matters further. If your ex-spouse is 62, he or she doesn’t have to wait until you reach this critical age to file a divorced spousal benefit claim and vice versa.

If you don’t remarry, you can collect on your ex-spouse’s Social Security benefits. Your ex-spouse’s marital status, however, plays no role in your ability to collect divorced spousal benefits. More than one divorce after ten years of marriage further complicates.

It’s Established

Social Security benefits are complicated; divorce is complicated; the combination of the two can be astounding. Grey divorce is no time to go it alone. If you’re considering or are facing a Texas divorce, you need to consult with a skilled divorce attorney who has experience navigating the intricacies of Social Security benefits as they relate to divorce.

Consult with a Divorce Lawyer in Katy, Texas

If you are dealing with both a grey divorce and its attendant Social Security benefits, a skilled Katy Texas divorce attorney with experience in Social Security benefits can guide you toward your best legal outcome. Divorce is stressful from every angle, but Social Security benefits can further complicate the issue. The Vendt Law Firm, P.L.L.C., is here to help. Attorney Frank J. Vendt is a Texas divorce attorney who focuses on solution-based legal guidance and representation. Schedule a consultation with Mr. Vendt today by calling our office at (832) 276-9474 or by contacting us online.