How Does Marriage Affect Social Security Benefits?
Marriage and divorce may affect Social Security retirement or disability benefits in several ways. Understanding how marriage and Social Security laws work can help you protect any benefits you may receive in the event that you proceed through a divorce.
What Are Some Social Security Spousal Benefits?
The Social Security Administration (SSA) allows spouses to qualify for both retirement and disability benefits based on either spouse’s work record, particularly if a spouse has no work record of his or her own on which to qualify for benefits. Benefits claimed on a spouse’s work record are known as “derivative benefits.
The criteria required for collecting derivative benefits differ depending on the type of benefits sought. For instance, when spouses have been married for at least ten years, one spouse may collect derivative retirement benefits based on the full amount of benefits the working spouse receives. These derivative benefits total one-half of the full benefit amount available to the working spouse. Also, ex-spouses may continue to claim derivative benefits even if the working spouse remarries, as long as the marriage lasted at least ten years.
Ex-spouses claiming disability benefits based on a spouse’s work record face similar requirements. In both cases, the amount of benefits based on the ex-spouse’s work record must be higher than the amount of benefits the claiming spouse would be eligible for on his or her own record. If the person’s own work record would allow for a higher benefits amount, the SSA will pay based on this record rather than that of the former spouse.
If you have questions about divorce and its effect on the benefits you receive, please contact the focused Phoenix family law attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C.. Your consultation with our office is confidential, of course.
About the Author
Zachary Mushkatel is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.
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