Ashley Donovan Law, PLLC

Tempe Family Law Attorney
  
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What your 10th anniversary means for your divorce

On Behalf of | Dec 27, 2022 | Divorce

Divorce settlements often come with unique or specific considerations, including asset division or property determinations. When the marriage lasted at least ten years, divorce comes with some additional considerations.

If your marriage has passed the ten-year mark, there are things to consider when filing for divorce.

Social security eligibility

The Social Security Administration has a 10-year rule for spousal access to benefits. If you file for divorce after ten years of marriage, you may be eligible for retirement benefits under your spouse’s Social Security eligibility.

If you have not remarried by the time you reach the age of retirement, the Social Security Administration allows you to choose whether you wish to receive your own benefits or the ones under your spouse’s eligibility. This may allow you to increase your retirement payout by delaying your retirement claim.

Alimony implications

After ten years of marriage, a stay-at-home spouse has a gap in workforce history that can make job searches difficult following separation. Alimony considerations will factor in that long-term marriage milestone in calculating alimony eligibility, amount and duration.

Military benefits

The military allows spouses to qualify for military retirement benefits even after divorce if the marriage lasted at least ten years with ten years of active service during that time. In this case, benefits come directly from the Department of Defense to the former spouse.

Even a decade-long marriage can come to an end. If you have reached that milestone, you need some understanding of what you are eligible for as a result.

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