Divorce in Tennessee can be emotionally difficult. However, you must stay level-headed when dealing with matters like the division of assets and property. You should also avoid making certain common mistakes with Social Security during the divorce process.
Your divorce won’t prevent you from getting your spouse’s Social Security benefits
Although many people believe their divorce will prevent them from obtaining their ex’s Social Security benefits, this is not the case. Even if the divorce decree states that you cannot get those benefits, if you were married for at least 10 years, that statement means nothing. In reality, you can still recover Social Security benefits from your former spouse.
You don’t need your ex’s approval
Even after a divorce, you don’t need your ex’s approval to get benefits from their Social Security. As their former spouse, you can simply contact the Social Security Administration yourself using their record. Even if you don’t have their Social Security number on hand, you can provide their name, birthdate, birthplace and parents’ names to look into their record.
You won’t be able to reduce your ex’s Social Security checks
Many people mistakenly believe that once they get a divorce, they can reduce the amount their ex receives in Social Security. This doesn’t happen even if your former spouse ends up remarrying someone new.
You don’t have to wait until they claim benefits to claim your own benefits from their record
Your ex needs to be eligible for Social Security benefits before you can claim a portion of their benefits. However, you don’t have to wait until they claim benefits when claiming from their account. Once you are at least 62 years old, you can begin claiming benefits from your former spouse’s Social Security.
If you choose to claim benefits from your ex-spouse’s Social Security, you must wait until you’re at least 62. You are entitled to it even though you won’t affect the benefits they can receive.
