Claiming Your Spouses Social Security Does Not Reduce Amount Earned By Spouse
Tim: I just want to touch on one topic if you’re going to claim the divorce spousal benefits what is the rule in regards to being getting remarried, you would loose it if you get remarried? Am I reading that correctly?
Janelle: Yes. If you remarried you can’t get this unless your second marriage ends in the divorce. If your second marriage ends then if it was longer than ten years then you have a choice of whose you want to claim. You can claim either spouse.
Tim: So oh interesting! So I–you get divorced you’re collecting let’s say and you remarried that would terminate the collection of Social Security from the prior marriage?
Janelle: Yes, it would.
Tim: Okay. And then if they divorced again then they have—well they have to be married for at least another ten years?
Janelle: Right and then makes the action and if they do get divorced before ten years they can claim the first spouse’s social security.
Tim: They go back or either back and claim it.
Janelle: Right.
Tim: Okay. So and spouse say I hope they get remarried. It’s not an end all to the Social Security. They could come back if the first or second marriage doesn’t work out either.
Janelle: Right and the Social Security really doesn’t really affects the spouse, it’s the government paying it. It’s not detrimental, you’re not taking away any of either spouses social security benefits. It’s the government that’s making it—
Tim: Oh! It’s not deducted from the spouse?
Janelle: No. The government is taking it so it’s not like your– if you have yours and you get divorced and now your spouse is claiming yours it’s not you we cannot reduce yours at all. So—
Tim: So there’s no detriment to the other party to do this?
Janelle: No, there’s not.
Tim: So they should certainly look at this?
Janelle: Right.
Tim: …when going through a divorce it’s not going to harm the other party at all.
Janelle: No it’s not going to harm them. It’s just a government benefit.
Tim: We’ve had clients say ‘I have to keep all of my Social Security benefits.’ like they said that to us but had they not said that it’s not going to impact them negatively–and the only way is?
Janelle: And the only way that it could possibly is if in the Divorce Decree it’s stated that if the spouse gets a $1000 they have to pay the other spouse some portion of that.
Tim: Like a percentage?
Janelle: Right. And that would just be in the Decree if you’re saying you know spousal support you’re going to collect some of the Social Security. If you’re just filing for the government it doesn’t affect anyone’s.
