Questions About Social Security

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Questions About Social Security

My career was raising the kids. My attorney mentioned I would be entitled to Social Security benefits via my ex-husband’s record. How does this work?

If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record. There are other rules, of course. You must have been married to your ex-spouse for 10 years or more. If you’ve remarried, you can’t collect benefits on your former spouse’s record unless your later marriage ended by annulment, divorce, or death. Also, if you’re entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse’s work. In other words, we’ll pay the higher of the two benefits for which you’re eligible, but not both.

You can apply for benefits on your former spouse’s record even if he or she hasn’t retired, as long as you have been divorced at least two years before applying. After you reach full retirement age, you can elect to receive only the divorced spouse benefits and delay benefits on your own record, which may mean a higher monthly amount for you. If you decide to wait until full retirement age to apply as a divorced spouse, your benefit will be equal to half of your ex-spouse’s full retirement or disability benefit amount.

If my ex-spouse remarries, will I still qualify for one-half of his Social Security benefits?

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if he or she has remarried) if:

  • You are unmarried;
  • You are age 62 or older;
  • Your ex-spouse is entitled to Social Security retirement or disability benefits and
  • The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.

Will I still be able to receive one-half of my ex-spouse’s Social Security benefits if I remarry?

If you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends (whether by death, divorce or annulment).

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If you are going through a divorce matter and have questions about your social security in the process, we can help. Contact Stange Law Firm, PC online or by calling us at one of our locations throughout Missouri, Illinois, Kansas and Oklahoma. We have locations in St. Louis, Kansas City, Columbia, Springfield, Wichita, Tulsa and beyond in the Midwest.

 

 

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Can I afford to get a divorce with a large sum of assets
We frequently hear this question from people who believe that they have too much to lose to divorce. They stay in marriages in which they are unhappy — sometimes for years — when they believe they cannot afford to get a divorce.
Hidden assets
Divorces — especially those involving division of closely held small to mid-sized businesses — can sometimes involve hidden assets. When this happens, we have the resources and connections necessary to locate them for proper division.
Valuing professional practices and businesses
Valuing a professional practice can be extremely difficult because much of the value is in the individual's contribution, not in merchandise or interests that can be easily divided. If you have questions, we have answers.
Pensions, IRAs and 401(k)s
Missouri law significantly affects the division of retirement savings accounts. If many of your assets are in IRAs or 401(k)s, we can talk with you about your options.
Qualified Domestic Relations Orders
QDROs create or recognize the existence of an alternate payee's right to receive all or a portion of the benefits payable under a retirement plan. We can explain what this means for you.
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For some, they can have significant questions and concerns about how getting divorced might effect them from a tax perspective. We can help ensure that clients can get the tax advice they need from tax professionals.
Maintaining Lifestyle
Many individuals have spent their entire life working hard in order to maintain a lifestyle that they have sought out. We can help individuals going through divorce ensure that they are put in the best financial position possible after a divorce.
Business Owners
Many individuals have spent their whole life trying to create a successful business or they have assisted their spouse build up this interest. It can be stressful when that business interest becomes part of a divorce proceeding. However, we an help ensure that a business interests are fairly evaluated.
Prenuptial & Postnuptial Agreements
Prior to entering into a marriage, or after the wedding date, many individuals are interested in putting together a prenuptial or postnuptial agreement to ensure that there are not lengthy and contentious divorce proceedings later if the marriage ends in divorce In these instances, we can help.
Farm Divorce
In certain cases, parties going through a divorce may own a family farm. This can result in the farm itself, equipment, livestock and other valuable assets being put in play in a divorce. We can help you if this is the case.
Stocks and Bonds
Many married couples also have significant sums in stocks and bonds. It's vital to work with an attorney to have an accounting of what is out there and to ensure it is properly addressed in family court.
Vocational Examination
The income producing potential of a husband and wife can be an important issue in a spousal support or child support case. A vocational examination can be useful in many of these cases where the current income of a party does not appropriately reflect what they could make.
Real Estate Portfolios
Real estate can be an important issue in divorce cases where the parties own rental property and other valuable real estate. We can work with parties in these types of cases to make sure these assets are property valuated and apportioned.
Delayed Compensation
In some situations, a party may be compensated through delayed compensation. This is an important area that should not be over-looked in a divorce.
Overseas Assets
Overseas assets can be significant issue in certain cases. It is vital that you have an attorney who understands how to address this issue
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