Can My Ex Get Part of My Social Security Income If We Divorce?
By: Gordon & Perlut, LLC
If you are planning to file for divorce in the Chicago area and you are nearing retirement age, you likely have questions and concerns about your retirement benefits and your Social Security income. Planning for retirement when you are also planning for a divorce can be complicated and frustrating, and it can be upsetting to learn that certain retirement assets are likely to be classified as marital property under Illinois law and to be divided between you and your spouse as part of property division — even if your spouse never worked during your marriage. For many Chicago area residents, another important element of retirement planning is Social Security income.
Can your ex-spouse get part of your Social Security income if you divorce? Not that will affect your payments, but you should know when your ex can claim under your work history. An experienced Chicago area divorce attorney can provide you with information based on the details of your case. However, we want to tell you more about situations in which an ex-spouse can claim Social Security income following a Chicago area divorce.
Divorced Ex-Spouses May Be Able to Claim Social Security Income Benefits
According to the Social Security Administration (SSA), you should know your ex-spouse may be able to obtain Social Security benefits based on your work record if the following are true:
Your ex-spouse can be eligible to receive Social Security benefits based on your work record regardless of whether you remarry. If your ex-spouse remarries, your ex typically can still be eligible to receive Social Security income based on your work record if your ex-spouse’s marriage ends by divorce, death (of the ex’s new spouse), or annulment.
How Much of My Social Security Income Can My Ex-Spouse Receive?
If your ex-spouse is likely to be able to seek Social Security income based on your work record, you are probably wondering how much she or he will be able to claim. The amount your spouse receives will depend on a few different factors. Most immediately, if your spouse works while she or he is receiving benefits, then work income can affect Social Security payments. The amount of the benefit will also depend on your ex-spouse’s age. But most importantly, you should know that the SSA makes clear that “the amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive.”
Contact a Chicago Divorce Attorney for Assistance in Protecting Your Social Security Income
If you have concerns about the division of retirement benefits in your divorce, or if you have questions about how Social Security benefits and other types of benefits are distributed in a divorce case, one of our experienced Chicago divorce attorneys can speak with you today. Do not hesitate to get in touch with one of the lawyers at our firm. Contact Gordon & Perlut, LLC for more information.