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The rules for obtaining extra benefits in a divorce

On Behalf of | Feb 10, 2020 | Family Law |

It isn’t uncommon for older Wisconsin residents to depend on Social Security benefits to cover most of their expenses in retirement. However, it is important to note that those benefit checks will only replace about 40% of the income that a person made during his or her working years. Those who have recently gotten divorced could be entitled to benefits based on a former spouse’s work record.

This could be the case for those who were married to their former spouses for at least 10 years. Furthermore, the person who is asking for benefits cannot be married when doing so. It may also be necessary to wait until the former spouse starts to receive his or her benefits before any payments are made. An exception might be made in the event that an individual has been divorced for at least two years.

A person who is claiming a benefit based on a spouse’s work record must be at least 62 to do so. However, an individual may receive more money each month by waiting until the full retirement age. Most people will need to wait until they are 66 or 67 before getting their full benefit each month. In some cases, individuals may receive benefits based on their own work record as well as the work record of their former spouses.

A person who gets divorced may be entitled to many forms of financial assistance. For instance, he or she may be entitled to alimony, child support or a portion of any money inside of a retirement or bank account. An attorney may help a person better understand his or her rights during a divorce proceeding.



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