How are Social Security benefits managed in a Carlsbad divorce? The number of divorces in couples over the age of 55 often referred to as “Gray Divorces” has significantly increased over the past several years. Usually the couple has been married for quite some time and crucial issues in the divorce include the division of community property, business ownership, spousal support and how social security and retirement benefits are to be divided.
This post will focus upon social security, and usually applies to a spouse who has remained at home to care for the household and any children in support of a working spouse. Once a couple has been married for more than 10 years they are eligible to benefit from the other spouse’s social security employment history and social security benefits once the other reaches retirement age.
This will usually include all benefits earned before retirement, and even those earned after the divorce has taken place. It is important to note that qualifying former spouses can still receive a portion of the social security benefits in question even if the other party remarries.
So, how are Social Security benefits managed in a Carlsbad divorce? The term for this is “derivative” benefits. The time frame for when these benefits are earned and when they can be claimed is quite legally complex. If you are considering a “gray divorce” it is important to work with proven, experienced attorneys who can protect your interests. The lawyers at Burke & Domercq each have decades of experience representing clients before Carlsbad’s family law courts.
Divorce is extremely challenging, no matter what season in life you may find yourself. Learn how to protect yourself and the assets, spousal support and benefits to which you are entitled.