Afsana Chowdhury | February 17, 2025 | Family Law
When considering retirement after divorce in Virginia, do not forget to include Social Security spousal benefits. Even though you are divorced, you may be eligible for spousal Social Security benefits for divorced spouses. A Social Security spousal benefit can be extremely important in divorce cases when one spouse was the primary wage earner during the marriage.
Whether you qualify for the Social Security divorced spouse benefit depends on several factors. In this blog, a Fairfax divorce lawyer discusses the general rules you need to know about SSA for divorced spouses.
Do I Qualify for Spousal Social Security Benefits After Divorce in Virginia if My Spouse Is Living?
You must meet specific requirements for family benefits under Social Security. If your ex-spouse is living, eligibility for a divorce spousal Social Security benefit requires that you meet each of the following criteria:
Length of Marriage
Your marriage must have lasted at least ten years. This deadline is a strict deadline. You cannot round up if your marriage lasted just short of ten years. Therefore, if you are close to your 10th anniversary and believe you will need Social Security spousal benefits, talk with your divorce lawyer about the timing of your divorce case.
Marriage Status
You must be unmarried to receive a divorced spouse benefit under Social Security. If you remarry, the benefit would be based on your current spouse’s work record or your work record. If you have multiple marriages that lasted more than ten years and are now single, you can file for benefits from the ex-spouse with the highest benefit available to you.
Your Age at the Time of Filing
You must be 62 years old or older to apply for spousal Social Security benefits.
Benefit Amount Must Be More Than Your Benefits
Social Security spousal benefits are not the full amount your spouse receives from their account. Instead, you may receive 50% of your ex-spouse’s benefit based on their work record. If you can receive a higher benefit based on your work record, you will not receive any portion of your ex-spouse’s Social Security. You can apply for both benefits, and the SSA (Social Security Administration) will grant you the higher amount.
Your Spouse’s Eligibility for Social Security
If you were married, you would need to wait for your spouse to file for Social Security benefits before you can file a spousal benefit application. However, you do not need to wait for your spouse to file for benefits if you are divorced. If you have been divorced for at least two years and both you and your ex-spouse are over 62 years old, you can file for benefits without waiting for your ex-spouse to file.
Do I Qualify for Spousal Social Security Benefits After Divorce in Virginia if My Spouse Is Deceased?
You may qualify for Social Security survivor benefits if your ex-spouse is deceased. To be eligible, you must:
- Be at least 60 years old (or 50 if disabled).
- Have been married to your ex-spouse for at least 10 years.
- Not qualify for a higher benefit based on your earnings record.
If you are caring for your ex-spouse’s biological or adopted child who is younger than 16 or disabled, you may qualify for benefits at any age. In this case:
- The 10-year marriage rule does not apply.
- Benefits continue until the child turns 16 or is no longer disabled.
Survivor benefits equal 100% of the amount your ex-spouse would have received. However, if you claim these benefits before reaching full retirement age, the amount will be reduced. This reduction does not apply if you are receiving benefits because you are caring for a minor or disabled child.
Contact The Law Office of Afsana Chowdhury, PLC, for Help Dividing Retirement Accounts During a Virginia Divorce
Property division for pension and retirement accounts can be complicated during a divorce. Hiring an experienced Fairfax divorce lawyer to handle your case is crucial. You need to receive a fair share of the retirement funds to ensure sufficient funds for your retirement years. An attorney experienced in divorce law can help you negotiate a fair settlement and advocate for you in court, if necessary. Contact The Law Office of Afsana Chowdhury, PLC, to schedule a confidential consultation and discuss your situation with an attorney.
Contact The Divorce Law Firm of Law Office of Afsana Chowdhury, PLC in Fairfax, VA.
For more information, please contact an experienced Divorce lawyer at Law Office of Afsana Chowdhury, PLC to schedule an initial consultation today. Our law office is located in Fairfax, VA.
We proudly serve Fairfax, VA, and its surrounding areas
Law Office of Afsana Chowdhury
10805 Main St STE 700A, Fairfax, VA 22030
(703) 271-6519
