Did you know that in the United States, there is a right to benefit from your ex-partner’s Social Security if you sign the divorce during retirement or after age 62? All the economic benefits of your ex- partner may also belong to you if you meet a number of requirements, without affecting the amount of your own retirement.
Divorce
It wasn’t until 1970 that divorce was legalized in the U.S. It started in California and spread to all states. This legal process was never well received by religion and social conventions, but its legalization was much more than necessary. When a divorce occurs, it is most common for each party to keep its assets and income intact, except in cases where a judge-determined pension is required. However, there are a number of privileges in the US that many couples do not know about when filing for divorce.
Which are the benefits?
Social Security recognizes that in the event of divorce, one party may claim retirement or disability benefits from the other. The amount will not be affected regardless of how much income you receive at the time, but if in the history of contributions of the former couple. However, there are a number of social security requirements which must be met. If not, you will not be eligible for this economic benefit.
Requirements
These are the minimum requirements that must be met if you want to qualify for existing economic benefits after a divorce established by the Social Security (SSA):
- The marriage lasted at least 10 years.
- At the time of application, be 62 years old or older.
- The current marital status is not “Married” (there are exceptions).
- The amount you would receive from your former spouse has to be greater than what you would get by your own means when you retire.
How can I apply for these economic benefits?
Like all bureaucratic processes, and especially with the Social Security Office (SS), this process can be cumbersome, but if you follow the steps indicated by the administration, it does not have greater difficulty. The only aspect to take into account is the time invested and that you have to have documents in order and prepared to hand. The steps are the following:
- Before you start the process, make sure that you are a potential candidate and review the requirements. If you do not comply with them, you will not be eligible for benefits.
- Prepare the following documentation because it will be required: your social Security number, your birth certificate, marriage and divorce certificates, basic information about your former spouse (such as full name and date of birth).
- File the application. There are three different ways to continue de process: online, through the official Social Security (SSA) website, by phone, call 1-800-772-1213. or visiting your local Social Security office in person.
- Wait for the notification to arrive. The SSA will review your case and let you know if you are eligible. In addition, they will let you know the estimated monthly amount that you are entitled to.
Do these benefits in my favor harm the ex partner?
The answer to this question is no. You dill not have to worry about any possible consequence. One of the most important points (if not the most important one), is that your application will not affect the benefits received by ex partner or their current family. The Social Security (SSA) treats each case individually, so there is no reason to worry about negative repercussions for the other person.
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