When you are going through a New Jersey divorce, there are so many important things which must be addressed: child custody and parenting time, child support, alimony, identification, valuation and allocation of marital assets and debts. To many people, it seems overwhelming.
That’s why you need the help of a very experienced lawyer who has devoted his or her practice exclusively to New Jersey divorce and family law matters for many years.
One of the items that lawyers often fail to discuss with divorcing dependent spouses is what rights they may have to Social Security benefits. As the divorce rate for older couples in long-term marriages continues to rise, this is an increasing important issue which should not be overlooked.
Summary of Your Social Security Rights
The rules for receiving Social Security benefits as a divorced spouse are detailed and somewhat complicated. In general, a person can receive benefits as a divorced spouse on a former spouse’s Social Security record if he or she:
- Was married to the former spouse for at least 10 years;
- Is at least age 62 years old; and
- Is unmarried.
In addition, the former spouse must be entitled to receive his or her own benefit.
With certain exceptions, if the divorced spouse remarries, he or she forfeits any right to Social Security benefits on the record of the former spouse.
The best lawyers work with a good financial professional, such as a Certified Divorce Financial Analyst (‘CDFA”), who can provide invaluable financial advice to a divorcing spouse about Social Security and other financial issues. Salvaggio Law Group has utilized both Jody D’Agostini, CDFA and Claudia Mott, CDFA, as resources for their clients.
Salvaggio Law Group devotes its entire practice to New Jersey Divorce and Family Law matters. If you want to talk, please call us at (973) 455-1220 or fill out the Contact Form on our website.