Same-sex divorce can have implications for Social Security benefits, including retirement, survivor, and spousal benefits. In this informative page, we will explore how the dissolution of a same-sex marriage or domestic partnership may impact eligibility for Social Security benefits. Understanding the rules and requirements is essential to ensure individuals receive the benefits they are entitled to.
Retirement Benefits: Retirement benefits are based on an individual’s work history and contributions to the Social Security system. Key considerations include:
- Eligibility: To be eligible for Social Security retirement benefits, you generally need to have earned at least 40 credits through employment covered by Social Security.
- Impact of Divorce: If you were married to your same-sex partner for at least ten years, you may be eligible for spousal benefits based on their work record, even after divorce. However, if you remarry, you typically cannot claim benefits based on your former spouse’s record.
- Full Retirement Age: The full retirement age for Social Security benefits varies based on the year of birth. It is essential to understand the impact of claiming benefits early versus waiting until full retirement age to maximize your benefits.
Survivor Benefits: Survivor benefits are available to the surviving spouse or eligible ex-spouse of a deceased individual who contributed to Social Security. Key considerations include:
- Eligibility: To qualify for survivor benefits, you must have been married to your same-sex partner for at least nine months before their passing. However, exceptions may apply in cases of accidental death or domestic violence.
- Benefit Amount: Survivor benefits are generally based on the deceased spouse’s work record. The benefit amount may be a percentage of the deceased spouse’s full retirement benefit or a fixed monthly amount.
- Remarriage: In most cases, if you remarry before reaching age 60, you will not be eligible for survivor benefits. However, if you remarry after age 60, you can generally continue to receive survivor benefits based on your deceased spouse’s record.
Spousal Benefits: Spousal benefits provide support to individuals who did not work or had lower earnings during their working years. Key considerations include:
- Eligibility: To qualify for spousal benefits, you must have been married to your same-sex partner for at least one year before divorce or have a domestic partnership of equivalent duration.
- Benefit Amount: Spousal benefits are generally equal to one-half of the other spouse’s full retirement benefit. However, if you claim spousal benefits before your full retirement age, the benefit amount may be reduced.
- Divorce and Spousal Benefits: If you were married for at least ten years but divorced, you may still be eligible for spousal benefits based on your ex-spouse’s work record, provided you meet the other eligibility requirements.
Understanding the rules and requirements for Social Security benefits after same-sex divorce is essential to ensure you receive the benefits you are entitled to. It is advisable to consult with experienced LGBTQ+ divorce attorneys and financial advisors who can provide guidance tailored to your specific circumstances.
Same-sex divorce can impact eligibility for Social Security benefits, including retirement, survivor, and spousal benefits. Understanding the rules and requirements is crucial to ensure you receive the benefits you are entitled to. Consult with experienced LGBTQ+ divorce attorneys and financial advisors who can provide personalized guidance based on your unique situation. We are here to support you in navigating the complexities of same-sex divorce and ensuring you make informed decisions regarding your Social Security benefits. Contact us today to schedule a consultation with our knowledgeable LGBTQ divorce attorneys.
