San Antonio Social Security & Divorce Attorney

Divorce Lawyer Helping Clients in San Antonio, TX Address Social Security Matters

Divorce involves the division of financial assets and the restructuring of a couple's financial future. For many people approaching retirement age or who are already retired, Social Security benefits are a critical part of that future. In San Antonio, divorcing spouses often have questions about how divorce affects their rights to claim Social Security benefits based on their own work history or that of their former spouse. While Social Security is a federal program, its interaction with Texas divorce law can create unique financial questions and planning considerations.

Attorney Brandon Wong has over 15 years of experience handling family law cases throughout San Antonio, including those involving retirement planning and Social Security-related concerns. With more than 225 five-star testimonials from satisfied clients, Brandon Wong is recognized for providing in-depth legal guidance and practical solutions for each of his clients.

Understanding Social Security and Divorce

Social Security benefits are administered federally, and Texas courts do not divide Social Security benefits as part of the marital estate. However, certain eligibility rules allow one spouse to claim benefits based on the work record of a former spouse. These rules are not subject to state discretion, but understanding them is critical for effective retirement planning during and after divorce.

Social Security Spousal Benefits After Divorce

If you were married for at least 10 years, are currently unmarried, and are 62 or older, you may be able to collect spousal benefits based on your former spouse's work record. This benefit can be worth up to 50% of your ex-spouse's full retirement benefit as long as your own Social Security benefit is not higher. Claiming this will not affect your ex-spouse's benefits in any way, and everything is handled directly through the Social Security Administration (SSA).

Nuances and Legal Considerations in Divorce

Although Social Security benefits are not divided like other marital assets, they are often part of the broader conversation about retirement, alimony, and financial security. Brandon Wong works with clients to ensure that they understand how Social Security benefits factor into the division of retirement assets, spousal maintenance negotiations, and long-term financial planning.

Coordinating with Other Retirement Assets

Brandon Wong helps clients assess how to approach the division of 401(k)s, IRAs, pensions, and other retirement plans with the understanding that Social Security benefits will eventually supplement or replace those income streams. This coordination is crucial to developing realistic post-divorce financial expectations.

Social Security Survivor Benefits

If a former spouse dies, and the marriage lasted 10 years or more, the surviving ex-spouse may be eligible for survivor benefits, which can be up to 100 percent of the deceased ex-spouse's benefit. Brandon Wong advises clients on how divorce decrees and settlement agreements may impact those rights and how to protect them during the divorce process.

Social Security and Divorce FAQs

Contact Our San Antonio, Texas Divorce and Social Security Lawyer

If you are concerned with how divorce may impact your Social Security benefits, attorney Brandon Wong is here to provide you with the legal guidance you need. Call our office at 210-201-3832 or complete our online form to schedule your consultation.