David P. Badanes, Esq.

Social Security benefits are available to most American workers. For married couples, even if only one spouse is eligible for Social Security benefits, the other spouse may also receive benefits based on the marriage. When couple’s divorce, the “non-working” spouse may still be able to claim Social Security benefits from the former spouse. In order to receive Social Security benefits from your former spouse, at a minimum, the marriage must have been for at least 10 years and you must have not remarried. There are some other criteria that you will have to meet. An experienced Divorce and Matrimonial Attorney will be able to determine if you are eligible to receive Social Security benefits. If you are eligible to receive Social Security benefits, you still may receive them if the former spouse dies.
If you do qualify for Social Security benefits, the benefits you receive do not reduce the amount of Social Security benefits paid to your former spouse. Therefore, getting divorced does not reduce your benefits, it only allows your former spouse to collect Social Security benefits as well.
If you are contemplating divorce and you are close to being married for 10 years, you may want to delay filing for divorce until you are married for more than 10 years. This way you may be eligible to receive Social Security benefits from your former spouse.
If you are thinking of getting a divorce, you need an experience Matrimonial and Divorce Attorney to guide you through the process. If you live in Long Island, Suffolk County or Nassau County, David Badanes and the Badanes Law Office have helped numerous individuals in answering questions about Social Security and in obtaining a divorce. Call David Badanes and the Badanes Law Office today at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Garden City.