Benefits of Staying Married Ten Years
by Attorney Jes Beard
return to Jes Beard's home page
If you're reading this you are probably already aware of my feelings in general about divorce, particularly if there are children involved.  For a reminder, click here.

But there are also reasons far beyond simply honoring a commitment or doing what is best for young children.  The financial picture for a person after divorce is almost always far worse than it was before the divorce.  Think about it.  You are going to have to divide all of your assets, and your spouse is going to get some of them.  You are going to either lose the additional income your spouse is contributing, or you are going to lose the services your spouse is contributing (even if he is a couch potato who only mows the lawn once a month, that is one less thing you have to pay for, and the same is true of laundry and cooking and help with errands).  People who accumulate wealth in their lives are almost always people who married and stayed married.  Divorce can be expensive, and re-establishing a household and a life is without question expensive... as will be the inevitable search for someone else.  Going to bars, buying dinners, hiring baby-sitters, dating and courtship in general are expensive.  (Yes, if a spouse is a drug addict or not working or spending the weekly paycheck at the corner bar, then you may come out ahead financially after a divorce, but those are the exceptions.)

But there is a particular importance to staying married for at least ten years.  It is the result of Social Security regulations.  So if you have made it close to ten years, you may want to think strongly about sticking it out a bit longer if your spouse earns more money than you do.

This is because under current Social Security law, a divorced spouse can get benefits on a former husband's or wife's Social Security record if the marriage lasted at least ten years.  (The divorced spouse seeking the benefits must be 62 years of age or older and unmarried.)

After you have been divorced at least two years, you can draw Social Security benefits based on the earnings record of your ex-husband or wife, even if your ex- is not retired.  Of course, you can only draw benefits on the earnings record of your ex- if the ex- worked enough to qualify for benefits.  And the benefits you might draw will have no effect at all on the benefits that can be drawn by the current spouse of your ex.

Here are a few factors to consider:

For additional information, check with the Social Security office.


return to Jes Beard's home page at http://www.jesbeard.com/

Click here to e-mail questions, suggestions or corrections regarding this page.

                                           Disclosure on Non-Representation Link
                                           Disclosures on Certification of Specialization Link

           Copyright © 2000 Jes Beard