Alhambra’s Bob Williams answers the question, Can you receive a Social Security Spousal benefit if you are separated but not divorced….(read more)

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SS Spousal Benefits & Marital Separation

Social Security benefits are a crucial lifeline for many seniors in the United States. However, marital separation or divorce can often complicate the ability to receive Social Security spousal benefits. This article will provide an overview of how Social Security spousal benefits work and how marital separation can affect them.

What are SS Spousal Benefits?

Social Security spousal benefits are partial benefits given to the spouse of a worker who has qualified for Social Security retirement or disability benefits. The spousal benefit is equal to 50% of the worker’s retirement benefit, as long as the spouse applies for benefits at their full retirement age. If the spouse applies before their full retirement age, the benefit will be reduced.

The spousal benefit does not affect the worker’s retirement benefit, and the worker can continue to receive their full benefit while their spouse receives the spousal benefit.

How Marital Separation Affects SS Spousal Benefits

Marital separation can significantly impact Social Security spousal benefits. If the couple is still married, the spouse can still claim the spousal benefit as long as they meet the eligibility requirements. However, if the couple is legally separated, the rules may vary depending on the state where they live.

In most states, legal separation is considered the same as divorce for Social Security purposes. If the couple is legally separated, the spouse may still be eligible for spousal benefits, but only if they meet the eligibility requirements.

It’s important to note that spousal benefits are only available to spouses who have been married for at least ten years. If the couple was not married for ten years, the spouse is not eligible for spousal benefits, regardless of their legal status.

Additionally, if the worker has not yet filed for Social Security benefits, the spouse will not be able to claim spousal benefits until the worker has filed. If the worker has filed for benefits, but has suspended them, the spouse will also be unable to claim spousal benefits.

Finally, remarriage after divorce can impact spousal benefits. The ex-spouse will not be eligible for spousal benefits if they remarry before the age of 60, unless their subsequent marriage ends in death, divorce, or annulment.

Conclusion

Marital separation or divorce can complicate the ability to receive Social Security spousal benefits. However, if the couple meets the eligibility requirements and has been married for at least ten years, the spouse may still be eligible for spousal benefits. It’s important to understand the rules and regulations surrounding Social Security spousal benefits and marital separation to ensure that you receive the benefits you deserve.