Divorce and Social Security Benefits Lawyer

Divorce can have a significant impact on various aspects of your financial future, including Social Security benefits. While these benefits are often overlooked during the divorce process, they play an important role in post-divorce financial planning, particularly as individuals approach retirement age. At Boudreaux Law Firm, our experienced divorce and Social Security benefits lawyer in Augusta, GA, provides the legal guidance you need to navigate these complexities and protect your financial interests.

Understanding Social Security Benefits and Divorce

Qualifying for Social Security benefits requires accumulating credits throughout one’s working life. Each year, individuals can earn up to four credits, based on specific income thresholds. A total of 40 credits is required to qualify for Social Security benefits. However, during a divorce, a spouse who has not earned enough credits on their own may still qualify for benefits based on their ex-spouse’s earnings, provided certain conditions are met.

Eligibility Requirements for Social Security Benefits After Divorce

To qualify for Social Security benefits through an ex-spouse, several conditions must be met:

• Duration of Marriage: The marriage must have lasted at least 10 years.
• Age Requirements: The individual seeking benefits must be at least 62 years old and currently unmarried.
• Ex-Spouse’s Eligibility: The ex-spouse must be eligible to receive Social Security benefits.
• Comparison of Benefits: The amount that the individual is entitled to based on their own work record must be less than what they would receive through their ex-spouse’s benefit.

Generally, a person can receive up to one-half of their ex-spouse’s Social Security benefit. However, if both parties are below retirement age, the amount may be reduced. Additionally, an individual may still qualify for benefits if they remarry, or if their ex-spouse has not yet applied for benefits (as long as the couple has been divorced for at least two years).

Protecting Your Financial Future During Divorce

Divorce involves important decisions regarding finances, asset division, spousal support, and future retirement planning. Understanding how Social Security benefits factor into these decisions is essential for securing your financial future. At Boudreaux Law Firm, we provide knowledgeable legal guidance to help clients in Augusta and surrounding areas navigate the impact of divorce on Social Security benefits.

Why Choose Boudreaux Law Firm for Divorce and Social Security Benefit Cases?

Attorney Todd Boudreaux brings over 25 years of experience in family law to each case. A cum laude graduate of the University of Georgia School of Law, Todd is well-versed in the complexities of divorce, asset division, and financial planning for the future. He is admitted to practice in the State of Georgia, Georgia Court of Appeals, Supreme Court of Georgia, U.S. District Courts for the Northern and Middle Districts of Georgia, and the U.S. Court of Appeals for the 11th Circuit.

Todd’s commitment to delivering high-quality legal representation has earned him recognition within the legal community, including memberships in the Georgia Trial Lawyers Association, Georgia Bar Association, and Augusta Bar Association. At Boudreaux Law Firm, we help clients make well-informed decisions about Social Security benefits and other financial matters related to divorce.

Divorce and Social Security Benefits FAQs

Can I collect Social Security benefits based on my ex-spouse’s work record?

Yes, if your marriage lasted at least 10 years, you are at least 62 years old, and you are currently unmarried, you may be able to collect Social Security benefits based on your ex-spouse’s earnings.

What happens if my ex-spouse has not applied for Social Security benefits?

If you and your ex-spouse have been divorced for at least two years, you may still be eligible to receive benefits based on their work record, even if they have not yet applied for Social Security.

Can I receive Social Security benefits from my ex-spouse if I remarry?

If you remarry, you generally will not be eligible to receive Social Security benefits based on your ex-spouse’s earnings. However, if your subsequent marriage ends, you may be able to resume collecting benefits based on your previous marriage.

How much can I receive in Social Security benefits from my ex-spouse?

You may be entitled to receive up to one-half of your ex-spouse’s Social Security benefit, depending on your age and other eligibility requirements. If you are below full retirement age, the amount may be reduced.

Contact Our Divorce and Social Security Benefits Lawyer in Augusta, GA

If you have questions about Social Security benefits and how they may be impacted by divorce, contact Boudreaux Law Firm today. Schedule a free consultation with our experienced divorce and Social Security benefits lawyer to discuss your case and learn how to protect your financial future.