Law Offices of John A. Guthrie
925-271-4342
  • Home
  • About
  • Attorneys
  • Services
    • Divorce
      • High – Asset Divorce
      • Business Valuation and Division
      • Property Division
      • Spousal Support
      • Child Custody and Visitation
      • Child Support
      • Contested and Uncontested Divorce
    • Domestic Violence
      • Domestic Violence And Divorce
      • Domestic Violence Restraining Orders
    • Family Law
      • Paternity
      • Post – Judgment Modifications
    • Mediation Services
  • Articles
    • California Community Property Basics
    • Changing the Terms of Your California Divorce Decree
    • Getting a Divorce? Watch Out for Hidden Assets
    • Modifying Child Support Payments in Tough Economic Times
    • Modifying Parenting Plans an Ongoing Process in California
    • Financial considerations for divorcing baby boomers
    • Imputation of income: Best interests of child finding required
    • Want an amicable divorce? Consider divorce mediation
    • How to make an effective child custody agreement
  • Blog
  • Contact
Law Offices of John A. Guthrie
  • Home
  • About
  • Attorneys
  • Services
    • Divorce
      • High – Asset Divorce
      • Business Valuation and Division
      • Property Division
      • Spousal Support
      • Child Custody and Visitation
      • Child Support
      • Contested and Uncontested Divorce
    • Domestic Violence
      • Domestic Violence And Divorce
      • Domestic Violence Restraining Orders
    • Family Law
      • Paternity
      • Post – Judgment Modifications
    • Mediation Services
  • Articles
    • California Community Property Basics
    • Changing the Terms of Your California Divorce Decree
    • Getting a Divorce? Watch Out for Hidden Assets
    • Modifying Child Support Payments in Tough Economic Times
    • Modifying Parenting Plans an Ongoing Process in California
    • Financial considerations for divorcing baby boomers
    • Imputation of income: Best interests of child finding required
    • Want an amicable divorce? Consider divorce mediation
    • How to make an effective child custody agreement
  • Blog
  • Contact
 925-271-4342

Comprehensive Solutions to Difficult Family Law Issues

  1. Home
  2.  – 
  3. High Asset Divorce
  4.  – 
  5. Social Security benefits should not be overlooked during divorce

Social Security benefits should not be overlooked during divorce

On Behalf of Law Offices of John A. Guthrie | Jul 19, 2016 | High Asset Divorce

Couples in California who are considering divorce may want to think about their Social Security benefits. If a marriage lasts for at least 10 years, then an ex-spouse could, with a few exceptions, claim ex-spouse Social Security benefits upon reaching retirement age.

To qualify for the benefit, a person will need to present documentation to the Social Security Administration. Crucial documents include the marriage license and divorce decree. The dates on these official documents will determine the exact length of a marriage. If a person has not quite reached 10 years of marriage, financial experts recommend waiting to finalize the divorce until the decade mark has been passed. After meeting the requirements to receive a benefit, a person must wait for two years before claiming the benefits.

Remarriage after gaining these benefits must be carefully considered. A new marriage could cause the benefits to cease. The death of an ex-spouse, however, could create an exemption to the remarriage rule. For a person age 60 or older, a new marriage might not end the ex-spousal benefit as long as that benefit is larger.

Complex rules govern all Social Security benefit calculations. A person who is ending a marriage may want to consult a financial adviser or attorney before making any final decisions. An attorney could research how the laws might apply to the division of all retirement accounts, such as a company pension or 401(k). A high-asset divorce in particular might raise many questions about the division of assets and debts. An attorney may represent the person during negotiations. With legal advice, the person could become informed about rights to certain assets before agreeing to divorce terms.

Categories

Archives

Recent Posts

  • What can you do if you’re accused of domestic violence?
  • How is business valuation handled in divorce?
  • How does remarriage affect spousal support obligations?
  • How do holidays impact child custody arrangements?
  • How does a prenuptial agreement affect divorce in California?

Arrange A Consultation Today

Law Offices of John A. Guthrie
Pleasanton

239 Main Street
Suite H
Pleasanton, CA 94566

  Pleasanton Law Office
Danville

4115 Blackhawk Plaza Circle
Suite 100
Danville, CA 94506

  Danville Law Office
Phone Number
925-271-4342
  • Follow
  • Follow

© 2026 Law Offices of John A. Guthrie • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Review Us