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Divorce in Orlando, Florida Area, and the Effects on Social Security Benefits

There was an interesting article in the Orlando Sentinel Section 2 on Sunday May 30, 2021 by Elliot Raphaelson. In the article, Raphaelson discusses Social Security benefits after divorce. He states that this is one of the least understood but most important topics. 

Eligibility Requirements

The author states that to be eligible for a benefit as a divorced spouse, your marriage must have lasted at least ten years and that there are no exceptions to this. He also states that if you remarry before 60, you lose potential benefits if the new marriage is in place. Even if the ex-spouse has remarried, if your marriage lasted 10 years, he states that you are still eligible. 

Further, Raphaelson states that the most important regulations are related to benefits after your ex-spouse dies. You are entitled to 100% of your ex-spouse’s Social Security benefits as long as it is greater than the benefit you are receiving from your own work record (or greater than the spousal benefits you are receiving from your current spouse, as long as you did not remarry prior to age 60). The author states that this is important: if your ex-spouse waited until age 70 to retire and file for a benefit, you are entitled to 100% of the age 70 benefit your former spouse was receiving. 

The author goes on to state that another misconception is that an ex-spouse is only eligible for a spousal benefit after the ex-spouse applies for a benefit based on his/her work record. That is not the case. The author states that as long as you were divorced for at least two years and have remained single, you are eligible for ex-spouse benefits. 

Figuring Out Social Security Benefits

This is why I advise all my clients approaching retirement age to go to the Social Security Administration in their local area. There is one in Lake Mary for Seminole County, Florida and there is one in Deland for Volusia County, Florida. I also advise my clients to find out whether they will claim more Social Security based on what they earned or claim more under their former spouse’s Social Security benefits. 

I tell my clients that when they obtain that information from the Social Security Administration, they should go to a financial planner to help them determine what they need in the form of alimony to survive, if they are anticipated to receive alimony. This can help a client determine if they get a certain amount of alimony and whether they can pay all their bills and make ends meet in the future. 

Now, when a client goes to the Social Security Administration during a pending divorce case, they can ask about all the information in the article by Elliot Raphaelson and verify with the Social Security Administration which is the best way for them to be able to claim the most in benefits. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.