Social Security benefits are usually not treated as marital property by Florida divorce courts, but if you were married at least ten years, then you may be automatically eligible under federal law for Social Security benefits as a divorced spouse.

Unlike other retirement benefits, social security is not divisible on the day of the final dissolution of marriage.  A divorced spouse may be entitled to one half of the insured spouse’s full social security retirement if one of the following factors are met:

a)     The parties were married for at least 10 years.
b)     The divorced spouse is at least 62 years of age.
c)      The insured spouse is at least 62 years of age.
d)     The divorced spouse has not remarried.
e)     The divorced spouse is not receiving social security benefits equal to or larger than the insured spouse and the divorced spouse has been divorced from the insured spouse for at least  two (2) years.

As a qualified ex-spouse, your social security benefits will begin on the first month covered by your application in which you meet all the other requirements for entitlement. These benefits will end with the month before the month in which one of the following events occur:
a)     You remarry (with some exceptions).
b)     The insured person dies or is no longer eligible for benefits.
c)     You die.
d)     Any additional events that make you ineligible in accordance with the Social Security Administration.

For more information on this issue, feel free to contact Ms. Palma for an initial consultation

The Law Offices of Patricia Palma, P.A. represents Gulf Coast clients in divorce and custody matters. Please call 813-258-3211 or contact us online to schedule an appointment at our office in Tampa. The information on this Blog is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Therefore, the information contained in this Blog cannot replace the advice of competent legal counsel licensed in your state.

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Palma Family Law, P.A.


610 W Horatio St,
Suite 5,
Tampa, Florida 33606