Pacheco Perez P.A.

Divorce considerations, including Social Security entitlement

As we have indicated in past blog posts, every divorce is unquestionably unique. Couples are all different, and marital circumstances that have led to separation and divorce proceedings are couple-specific and singular in every case.

In other words, some divorces center on infidelity, while other don't. Some marriages end primarily because of financial problems or property division conflicts, while those issues are nothing more than negligible in other cases. Children are at the heart of some divorce battles, along with attendant issues of child custody and child support, but that is far from being uniformly true: Many divorcing couples don't even have kids.

The point: Cookie-cutter divorces with highly similar issues and outcomes are far and few between, and a good divorce attorney well knows that. An experienced divorce lawyer and counselor has broad command over all the issues that might feature in a given divorce and respect for the fact that each client has uniquely tailored concerns and needs.

One divorce-related factor that has been receiving prominent media play in the current age of growing "gray divorces" (older couples divorcing) relates to Social Security, most specifically the ability of one divorcing spouse to secure entitlement to benefits from his or her former spouse's account.

Although many couples do not often think of this, it is a very important consideration in some divorces and a matter that entails some complexities regarding eligibility requirements. Those include marriage duration and the effects of remarriage.

An experienced divorce attorney can help a client work through such an issue, as well as address other central divorce-related considerations.

Source:, "Filing for divorce can raise Social Security questions," Holly Nicholson, Nov. 3, 2012

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