Social Security and Divorce in Virginia: Understanding Your Rights and Options

When a marriage ends in divorce, it can have a significant impact on various aspects of life, including Social Security benefits.

If you’re a Virginia resident going through a divorce, it’s essential to understand how Social Security works and how you can protect your rights. Let’s explore the effects of divorce on Social Security benefits, who is eligible to collect benefits based on their former spouse’s earnings history, and when it makes sense to do so.

How Divorce Affects Social Security Benefits

Social Security is an essential part of many people’s retirement plans. With 96% of American workers participating in the Social Security system, it’s crucial to understand how divorce can affect these benefits.

The Social Security system has provisions in place to protect spouses, including those who have been out of the workforce or served as homemakers. If you have low earnings or no history of income, you may be able to collect up to half of your spouse’s full benefits under Social Security.

Eligibility to Collect Benefits Based on a Former Spouse’s Earnings History

If you were married for at least 10 years, you may be eligible to collect Social Security benefits based on your former spouse’s earnings history, even if they have remarried. To qualify, you must:

• Be currently unmarried
• Be aged 62 or older
• Not be eligible for benefits based on your own work record that are greater than those based on your former spouse’s record

It’s essential to note that collecting benefits based on a former spouse’s earnings history does not affect their benefits. The benefits come from the Social Security fund, not from their benefit check.

When to Collect Benefits Based on a Former Spouse’s Earnings History

If you have the option to collect benefits based on your own work history or your former spouse’s, it’s essential to calculate which option makes more financial sense. You may want to consider the following:

• If you have a limited work history or low earnings, collecting benefits based on your former spouse’s earnings history may provide a higher monthly benefit.
• If you have a significant work history and high earnings, collecting benefits based on your own record may be more beneficial.
• If you remarry, you will no longer be eligible to collect benefits based on your former spouse’s earnings history.

Seeking Guidance from a Family Law Attorney

Divorce can be a complex and emotional process, and understanding the implications on Social Security benefits can be confusing. If you’re considering a divorce in Virginia, it’s essential to consult with a family law attorney who can provide guidance on how to protect your rights and options regarding Social Security benefits. They can help you navigate the process and ensure you make informed decisions about your financial future.

Contact Us To Learn More

If you have questions or concerns about Social Security and divorce in Virginia, don’t hesitate to reach out to us to learn about your options. Call 703-278-2027.