By Partner T. Sandberg Durst
Sandy Durst, Esq., is a partner with the Princeton firm of Lynch, Osborne, Gilmore & Durst, and LLC where he heads the Family Law Department. Individuals facing a divorce benefit from the combination of legal skill, common sense and compassion that Sandy brings to each and every matter. Each case is given the personalized attention it deserves.
A divorced husband or wife of an individual entitled to Social Security retirement is entitled to spousal benefits if (1) he or she applies for such benefits, (2) is meets the age requirement established by the social security administrator, (3) is not entitled to his or her own benefit in an amount equal to or greater than one—half that due his or her spouse, and (4) is not married. A divorced spouse who is otherwise eligible for spousal benefits may receive those benefits regardless of whether the former spouse has begun to receive benefits. However, both the claimant and the insured must meet the age requirement and must have been divorced for at least two years prior to the date that the spouse applies for benefits. In addition, in order for a divorced spouse to receive Social Security benefits under the ex—spouse’s work record, the parties must have been validly married for a period of at least ten years prior to the date the judgment of Divorce became effective.
The basic benefit for a spouse or divorced spouse is an amount equal to one—half of the beneficiary amount of the individual on whose work record the spousal benefit is based. Payment to the former spouse does not impact the benefit the employee spouse will receive.
A divorced spouse’s benefits will terminate when: (1) he or she dies; (2) his or her spouse dies; (3) he or she becomes entitled to benefits on his or her own work record in an amount greater than or equal to one—half of his or her spouse’s benefits; (4) his or her spouse loses eligibility for benefits for any reason; or (5) he or she marries someone other than the worker from whom the divorce was obtained; (6) his or her spouse’s eligibility status ends; (7) he or she remarries the insured who is not yet entitled to old—age benefits.
Despite what appears to be the clearly articulated conditions above, there exceptions to every rule. A divorced spouse can be entitled to benefits after a remarriage, if that remarriage is subsequently marriage terminated. Entitlement on this basis would ensue in the months following the termination of the subsequent marriage. A divorced spouse would be so entitled no matter how the remarriage was terminated; no matter how many remarriages were entered into and terminated; and even if the divorced spouse would qualify for spouse’s benefits based on a later spouse’s work record.
It is also possible for more than one former spouse claimant to be entitled to spousal benefits based on one worker’s record. If the worker marries and divorces several times, each spouse may receive the basic benefit of one—half of the worker’s primary insurance amount. Provided he or she can meet the eligibility requirements.
SURVIVOR’S BENEFITS
The surviving divorced spouse may be entitled to survivor benefits based on the record of the former spouse if (1 the surviving former spouse is not married; (2) he or she meets the age requirement; (3) he or she is not entitled to old-age insurance benefits in an amount at least equal to that of the deceased’s primary benefits; and (4) he or she has filed an application for benefits. However, the surviving divorced spouse must have been validly married to the deceased for a period of ten years immediately before the divorce became effective. The amount of the basic widow’s or widower’s benefit is equal to the primary insurance amount to which the deceased was or would have been entitled to.
CONCLUSION
Since alimony may be impacted by the retirement of the payer spouse, and will certainly terminate upon the death of the payer spouse, it is important to know that you may have an additional means of support from Social Security based upon your ex—spouse’s work record. For additional information you should consult an attorney and go to www.ssa.gov.
