Florham Park Legal Blog

Do an ex-spouse’s earnings qualify you for Social Security?

Posted by Sharon E. Johnson | Dec 28, 2022 | 0 Comments

The divorce rate continues to rise among older residents of New Jersey and the rest of the United States. Nowadays, adults between the ages of 55 and 64 are those likely to end their marriages. For this reason, retirement-related issues are becoming increasingly common in modern divorces, with many older adults fearful about having enough money to maintain their lifestyles once their relationships end.

According to CNBC, 30% of Americans have no idea that they may have the option of claiming Social Security retirement benefits under their ex-husband or ex-wife's work record, as opposed to their own.

Who qualifies to do this

Whether someone is eligible for Social Security retirement benefits at all depends on their age and how long they spent working in a professional role that paid into the nation's Social Security system. If one former spouse qualifies for these benefits and the other does not, the non-qualifying spouse may be able to collect “spousal benefits” based on his or her former partner's earnings record. Whether he or she may do so depends on if the marriage between them lasted 10 years or more.

How much former spouses might collect using an ex's work record

If you claim Social Security retirement benefits under your former partner's earnings history, know that the amount you get each month is going to be less than how much he or she gets. The most you may get when you claim this spousal benefit is half of how much your ex does.

In the event that you also qualify for these benefits based on your own earnings record, it may be wise to do the math and determine whether you would get more each month using your own work history of your former spouse.

About the Author

Sharon E. Johnson
Sharon E. Johnson

Sharon E. Johnson is a principal with the law firm of Johnson & Johnson and has been engaged in the practice of law for more than 25 years. Sharon concentrates her practice in the area of matrimonial/family law and related matters including divorce litigation, divorce mediation, collaborative div...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact The Florham Park Family Lawyers Johnson & Johnson, Attorneys At Law

Call us today at 973-937-8959 or through our contact page.

Menu