The Overlooked Asset

Everyone could benefit from having an additional asset in his or her estate. Social security may be that asset for you. We all dream of being financially comfortable during our “golden years,” and many people overlook their spouse’s social security benefits as a potential stream of income after retirement. Because state courts do not have the authority to dispose of social security benefits, those benefits are not included in the marital estate to be divided in a divorce. Many people are unaware that a divorce does not sever their right to collect social security benefits based on their ex-spouse’s work history.


You may still qualify to receive your ex-spouse’s benefits if:

a) You were married to your ex-spouse for at least ten years; and

b) You have not remarried (or your subsequent marriage has ended); and

c) You are not eligible for an equal or higher benefit on your on social
security record or on someone else’s record.

If you meet each of the criteria listed above, you can receive benefits at age 62. Social security, if it is still in place when you are 62, may provide an additional stream of income. Don’t overlook this potential for additional income as you plan for your financial future.