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Divorced Stay-at-Home Parents and Social Security Benefits 

 Posted on September 19, 2022 in Divorce

Naperville Grey Divorce AttorneyFor many people, raising children is their ultimate purpose in life. They sacrifice career advancement in order to care for their children and maintain the family home. While being a stay-at-home parent can be deeply rewarding for parents and children, it also puts a parent in a vulnerable position during a divorce.

Social security retirement benefits are based on how much a person paid into the social security system during their career. Individuals who spend their 20s, 30s, and 40s raising children or grandchildren may not qualify for social security benefits based on their own work record. 

If you are divorcing after many years as a stay-at-home parent, you should discuss your social security options with your divorce attorney. You may be able to receive benefits based on your spouse's work record.

Social Security Benefits for Divorced Individuals

Individuals over age 50 facing the prospect of divorce may understandably worry about how they will finance their retirement years. This is an even greater concern for homemakers and stay-at-home mothers and fathers.

Fortunately, if you are divorced, you may still be eligible for social security benefits based on your former spouse's work record. To qualify, you must meet the following criteria:

  • You were married to your ex-spouse for at least 10 years

  • You are currently unmarried

  • You are at least 62 years old 

  • Your ex-spouse is entitled to social security retirement or disability benefits

You would receive a higher benefit based on your own work record, you are not eligible to receive benefits based on your former spouse's work record. However, this is typically not the case for people with minimal work experience. If you get social security through your spouse's work history, your spouse's benefits will not be affected.

Keep in mind that you only have access to these benefits if you are unmarried. If you get remarried, you will no longer be eligible to receive social security benefits based on your former spouse's work record.

If you have any questions about your eligibility for social security benefits, or any other aspect of divorce, it is important to consult with an experienced family law attorney. An attorney can help you understand your rights and options, and ensure that your interests are protected throughout the divorce process.

Contact a DuPage County Divorce Lawyer

At Divorce Over 50 - Goostree Law Group, we understand that divorce over age 50 carries unique challenges. Our Wheaton divorce attorneys are here to help you navigate the process. To schedule a free consultation, call us today at 630-634-5050.




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