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Social Security for Stay At Home Spouses After a Divorce in San Diego

On Behalf of | Aug 5, 2021 | Retirement Asset Division

Is it possible to qualify for Social Security for stay at home spouses after a divorce in San Diego?  What Social Security benefits can a person qualify for if they gave up a career to stay at home to raise children or manage the household?

California family law provides many considerations for those who give up their own career to support their spouse by managing a household or to raise children.  What retirement benefits would a stay at home spouse have if they quit working in the past or never worked outside the home?  Divorce raises a host of concerns, and we are often asked “Are there benefits from Social Security for stay at home spouses after a divorce?

The short answer is “yes, if your marriage lasted longer than 10 years and your spouse has worked enough to qualify for Social Security then you should be eligible for your own Social Security benefits as early as age 62.  The longer you wait past your 62nd birthday to claim your benefits, the higher the amount you will receive each month.  You should still qualify for benefits based on your former spouse’s qualified benefits even if you choose to remarry.

Any contributions to and earnings generated by a retirement account or pension which occurred after the date of your marriage and up to the date of separation should qualify as community property.  In most cases, the amounts in these retirement benefits will be divided at least equally between the parties.

It is possible to qualify for Social Security for stay at home spouses after a divorce in San Diego based upon the work of their former spouse.  You should also be able to access a substantial portion of retirement assets which are community property.  You will need the experience and proven counsel of the Certified Family Law Specialists at Burke & Domercq.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.