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Divorcing after 10 years? Read this

On Behalf of | Jan 17, 2022 | Divorce |

Many spouses in Mississippi and beyond are currently considering filing for divorce. For those whose marriages lasted 10 or more years, there are several important issues that may arise during proceedings, including distribution of retirement benefits. Property division between older spouses often includes such matters. In many circumstances, one spouse may be entitled to a portion of the other spouse’s retirement benefits.

Waiting six months might be worth it to request retirement benefits

Those who have been married 10 or more years may be entitled to claim Social Security benefits based upon a spouse’s work record. This could amount to more than $1,600 per month. As such, a person who is planning on filing for divorce who has been married for nine years and some months may want to hold off until he or she has been married a full 10 years in order to be eligible for these retirement benefits.

A spouse can still claim an ex’s benefits if he or she remarries

In some cases, a former spouse might remarry in a shortly after divorcing. In doing so, the right to claim benefits on the ex-spouse’s work record will cease, at least for the time-being. However, if at some future point the individual is single once again, it may be possible to reassert the claim to Social Security benefits based upon the prior spouse’s work record.

Property division issues can be complex and difficult to resolve

Navigating a divorce in a Mississippi courtroom can be stressful. It is helpful to learn as much as possible ahead of time regarding property division guidelines, especially if specific issues, such as retirement benefits are a primary concern. An experienced family law attorney is a great asset to have on hand. Such as attorney can review the details of a specific case and make recommendations to help a concerned spouse protect financial interests in court.