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Social Security Benefits During a New Jersey Divorce | What to Know

When a couple gets married, their finances become deeply intertwined and continue to do so over the years. As a result, separating these finances in the event of a divorce can be difficult. If you are getting divorced, you may have questions and concerns about your social security benefits. Read on to learn more about who gets social security benefits in a New Jersey divorce.

It is important to understand that divorce does not affect the Social Security benefits you receive or plan to receive when the benefits are based on your work history. If you have a divorced spouse who qualifies for benefits, it will not affect the amount of benefits you or your family may receive.

But, if you are receiving or plan to receive retirement benefits based on your former spouse’s work history, you will only be eligible under the following circumstances:

  • Your marriage lasted 10 years or longer.
  • You are unmarried.
  • You are age 62 or older.
  • The benefits that you are entitled to receive based on your own work are less than the benefits you would receive based on your ex’s work.
  • Your ex is entitled to Social Security retirement or disability benefits.

If you have any questions or concerns about your social security payments after a New Jersey, reach out to our firm to speak with an experienced attorney.


If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.