Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Ex-Spouse May be Able to Maximize Expected Social Security Benefits after Divorce

By John S. Eory on January 10, 2017
Email this postTweet this postLike this postShare this post on LinkedIn

As some readers may know, our Social Security system permits a divorced person (once eligible for benefits in the normal course of events) to receive the greater of (a) the amount he/she would be entitled to in their own name or (b) 50% of their ex-spouse’ benefit provided that the parties had been married for at least ten years and the person has not remarried.

Although New Jersey law generally holds that the marital partnership terminates upon a filing for divorce, the parties remain legally married until the subsequent entry of a Judgment of Divorce.

For Social Security purposes, the latter rule also applies. For example, if a person has been married for 9 ½ years when a divorce complaint is filed, the actual divorce date will govern whether he/she is permitted to exercise option (b) above. Under this model it behooves the person to delay the entry of a Judgment of Divorce for six months so that they qualify for this benefit. If a spouse qualifies and selects the 50% option, it does not change the other party’s benefit payments—the ex-spouse will still be entitled to 100% of the expected payout.

If you are considering marriage dissolution, you should seek the advice of an experienced family law attorney who knows the rules governing support and sustainability after divorce.

Photo of John S. Eory John S. Eory

John S. Eory is a Senior Shareholder and Co-Chair of Stark & Stark’s Family Law & Divorce Group.  He is a Fellow of the American Academy of Matrimonial Lawyers (AAML) and an AAML-certified divorce arbitrator.

Read more about John S. EoryEmail
  • Posted in:
    Family
  • Blog:
    New Jersey Law Blog
  • Organization:
    Stark & Stark
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo