{"id":720,"date":"2012-05-14T14:24:08","date_gmt":"2012-05-14T14:24:08","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=720"},"modified":"2012-06-04T17:30:26","modified_gmt":"2012-06-04T17:30:26","slug":"social-security-and-divorce-what-you-need-to-know","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=720","title":{"rendered":"Social Security and Divorce: What you need to know"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-428 alignleft\" title=\"Sandy Durst\" src=\"https:\/\/thedurstfirm.com\/wp-content\/uploads\/2012\/05\/Sandy-Durst.jpg\" alt=\"\" width=\"99\" height=\"141\" \/><\/p>\n<p><span style=\"font-style: italic;\">By Partner T. Sandberg Durst<\/span><\/p>\n<p><em>Sandy Durst, Esq., is a partner with the Princeton firm of Lynch, Osborne, Gilmore &amp; Durst, and LLC where he heads the Family Law Department.\u00a0 \u00a0Individuals facing a divorce benefit from the combination of legal skill, common sense and compassion that Sandy brings to each and every matter.\u00a0 Each case is given the personalized attention it deserves.<\/em><\/p>\n<p>Many divorces take place later in life. Often, one or both of the spouses may be considering retirement. Retirement has many implications in the context of a divorce. Alimony is one issue that may be greatly affected by retirement.<\/p>\n<p>For parties, it is important to know what income may be available to pay alimony and met the needs of each party. Income may be available from pensions or other retirement funds, interest on investments, and Social Security.<\/p>\n<p>The Social Security Act makes available certain benefits to workers, who have contributed to those benefits, upon their retirement or disability, but social security benefits are not limited to the employee.\u00a0 The Act also provides benefits for the worker\u2019s family members and to the worker\u2019s survivors should the worker die. One can begging receiving Social Security benefits at age 62 although the longer the worker waits to receive a benefit the greater the monthly payment will be. It is therefore a good idea to address what will constitute an accountable retirement age in divorce settlement negotiations.<\/p>\n<p>A spouse, even if never employed, is entitled to Social Security benefits based on the working spouse\u2019s benefits. But what happens if there is a divorce? Is the non-working former spouse still entitled to benefits as a result of his or her ex\u2014spouse\u2019s work record? The answer is \u201cyes\u201d.<\/p>\n<p>Continue to part II of this article to learn more about the Social Security benefits available to a former spouse.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>By Partner T. Sandberg Durst Sandy Durst, Esq., is a partner with the Princeton firm of Lynch, Osborne, Gilmore &amp; Durst, and LLC where he heads the Family Law Department.\u00a0 \u00a0Individuals facing a divorce benefit from the combination of legal &hellip; <a href=\"https:\/\/thedurstfirm.com\/?p=720\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":730,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[27],"tags":[],"class_list":["post-720","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-durst-on-divorce"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/thedurstfirm.com\/wp-content\/uploads\/2012\/06\/judge_gavel.jpg","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-bC","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":1011,"url":"https:\/\/thedurstfirm.com\/?p=1011","url_meta":{"origin":720,"position":0},"title":"Divorce and Taxes: What you need to know","author":"Sandy Durst","date":"February 16, 2013","format":false,"excerpt":"A divorce will surely impact your tax filing.\u00a0 The following points are based on my 14 years of experience as a NJ divorce attorney.\u00a0 You should consult with an accountant or qualified tax preparer to determine how to best prepare your returns.\u00a0 If you were divorced at any time in\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":861,"url":"https:\/\/thedurstfirm.com\/?p=861","url_meta":{"origin":720,"position":1},"title":"Will a bankruptcy filing impact my divorce?","author":"Sandy Durst","date":"August 13, 2012","format":false,"excerpt":"Will a bankruptcy filing impact my divorce? By: Sandy Durst, Esq. \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Lynch, Osborne, Gilmore & Durst A difficult economy often leads to divorce.\u00a0 Difficult financial times also result in an increase in bankruptcy filings.\u00a0 It is important that both you and your attorney understand the interplay between divorce proceedings\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2603,"url":"https:\/\/thedurstfirm.com\/?p=2603","url_meta":{"origin":720,"position":2},"title":"Is it time for a change?","author":"Sandy Durst","date":"January 5, 2018","format":false,"excerpt":"Having just flipped the calendar to a new year, many people make New Year\u2019s Resolutions. \u00a0Often, these resolutions concern habits or behaviors someone may want to change in order to improve their daily life. \u00a0For many people, one such change is filing for divorce. There are multiple articles and reports\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1151,"url":"https:\/\/thedurstfirm.com\/?p=1151","url_meta":{"origin":720,"position":3},"title":"Continuing duty to exchange tax returns after NJ Divorce","author":"Sandy Durst","date":"August 20, 2013","format":false,"excerpt":"In a recent unpublished opinion the Appellate Division required a litigant paying alimony to provide tax returns to his former spouse for so long as alimony arrearages existed.\u00a0 After a history of failing to abide by agreements to pay alimony, the defendant claimed he was unable to pay due to\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2998,"url":"https:\/\/thedurstfirm.com\/?p=2998","url_meta":{"origin":720,"position":4},"title":"Dividing retirement assets in a divorce","author":"Sandy Durst","date":"April 23, 2025","format":false,"excerpt":"Dividing Retirement Assets in Divorce: Key Legal Insights When couples divorce, dividing retirement assets is often one of the most significant and complicated parts of the property settlement. For family law practitioners, understanding the legal framework and potential pitfalls is essential to protecting clients' financial interests. Marital vs. Separate Property\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/qtq80-cEyKZV.jpeg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/qtq80-cEyKZV.jpeg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/qtq80-cEyKZV.jpeg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/qtq80-cEyKZV.jpeg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/qtq80-cEyKZV.jpeg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":934,"url":"https:\/\/thedurstfirm.com\/?p=934","url_meta":{"origin":720,"position":5},"title":"Martital Fault can be a factor in alimony determinations","author":"Sandy Durst","date":"October 25, 2012","format":false,"excerpt":"In an effort to reduce much of the emotional toll of a divorce, NJ law is generally disinclined to use marital fault as a factor when making alimony determinations.\u00a0 Deciding which party is at fault for the breakdown can be a difficult, time consuming, expensive, and emotionally draining process when\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/720","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=720"}],"version-history":[{"count":6,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/720\/revisions"}],"predecessor-version":[{"id":774,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/720\/revisions\/774"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/media\/730"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=720"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=720"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=720"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}