Social Security & Divorce

Social Security benefits are available to people who were in the workforce for a minimum of ten years and are at least 62 years of age. The benefit one receives is based on a calculation of one’s age and earnings history, i.e. how much the person paid into the Social Security system.

So, what happens, for example, to a stay at home mom, who spends her working years raising children and managing a household, then reaches retirement age and gets divorced without ever having been in the workforce? Is she out of luck?

This question may sound odd to you, but over the past few decades there has been a marked rise in what is termed Gray Divorce, which is generally defined as divorce among older couples who had long-term marriages. Divorce at any age can be financially devastating, but whereas the younger you are the more time you have to rebuild and recover financially; older people may have very little or no time to recover.

Fortunately, the stay at home mom in our question above is not completely out of luck. According to Social Security laws, if you get divorced and were married for at least ten years, are aged 62 or older, and your ex-spouse qualifies for Social Security retirement or disability benefits, you can receive benefits based on what your ex-spouse paid into the system. The benefit received is one-half of your ex-spouse’s benefits depending on your exact age.

One caveat is that you cannot be remarried at the time of filing for benefits. Also, if your ex-spouse has not yet applied for benefits, you will need to have been divorced for at least two years before you qualify to apply for benefits.

Contact a Divorce Family Law Attorney in Raleigh to Help You with Your Divorce

If you want or need to get divorced or are already going through a divorce, Midtown Divorce & Family Law can help. Call us today at 919-900-7747.

LAWYER’S PLEDGE OF PROFESSIONALISM

This is our pledge to you, our clients and potential clients:

  1.  We will remember that the practice of law is first and foremost a profession, and I will subordinate business concerns to professionalism concerns.

  2.  We will encourage respect for the law and our legal system through my words and actions.

  3.  We will remember my responsibilities to serve as an officer of the court and protector of individual rights.

  4.  We will contribute time and resources to public service, public education, charitable, and pro bono activities in my community.

  5.  We will work with the other participants in the legal system, including judges, opposing counsel and those whose practices are different from mine, to make our legal system more accessible and responsive.

  6.  We will resolve matters expeditiously and without unnecessary expense.

  7.  We will resolve disputes through negotiation whenever possible.

  8.  We will keep my clients well-informed and involved in making the decisions that affect them.

  9.  We will continue to expand my knowledge of the law.

  10.  We will achieve and maintain proficiency in my practice.

  11.  We will be courteous to those with whom I come into contact during the course of my work.

  12.  We will honor the spirit and intent, as well as the requirements, of the applicable rules or code of professional conduct for my jurisdiction, and I will encourage others to do the same.

At Midtown Divorce & Family Law we handle all manner of divorce and family law related claims, including divorce, separation agreements, equitable distribution or property division, alimony and spousal support, child custody and child support.  If you are someone you know needs assistance with a separation or divorce matter, please give us a call at 919-803-7208.

PREPARING FOR DIVORCE – PART I

50% Chance of Snow – What do winter weather and divorce have in common?

The weatherman was calling for snow or ice. He wasn’t sure exactly what we were going to get, but he said he was fairly sure we were going to get something. He signed off the forecast with the recommendation to be prepared.

Continue reading “PREPARING FOR DIVORCE – PART I”

How Does Divorce Affect Social Security Benefits?

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if he or she has remarried) if:

• You are unmarried;
• You are age 62 or older;
• Your ex-spouse is entitled to Social Security retirement or disability benefits and
• The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work. Continue reading “How Does Divorce Affect Social Security Benefits?”

How To Change Your Name After Divorce

N.C.G.S. Sec. 50-12 provides that anyone whose marriage is dissolved by a decree of absolute divorce may, upon application to the clerk of court of the county in which they reside or where the divorce was granted setting forth their intention to do so, change their name.

A woman has the choice of reverting to her maiden name, the surname of a prior deceased husband, or the surname of a prior living husband if she has children who have that husband’s surname.  If a man changed his surname upon marriage, he may revert to his pre-marriage surname. Continue reading “How To Change Your Name After Divorce”

The 7 Biggest Money Mistakes That Divorcing Women Make

The 7 Biggest Money Mistakes That Divorcing Women Make
Lili A. Vasileff  July 9, 2014
Divorcing couple arguing
Hybrid Images—Getty Images/Cultura RF
A financial planner flags the costly errors women commonly make when a marriage breaks up.

Divorce, in my experience, is about two things: children and money. Continue reading “The 7 Biggest Money Mistakes That Divorcing Women Make”