Wilson Whitaker Rynell

Experienced Lawyers

info@wwrlegal.com

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Social Security in Divorce in Texas

ATTORNEYS IN DALLAS

Spouses can collect Social Security retirement benefits based on their spouse's work history.

Social Security in Divorce

The majority of individuals who are employed pay Social Security taxes on their income and, when they reach a specific age, they are generally entitled to receive retirement benefits from Social Security. However, individuals who do not work outside the home or earn a significant income may not be eligible for these benefits based on their own earnings but could be eligible to receive Social Security retirement benefits based on their spouse's work history. In cases where older individuals or those without an income are contemplating divorce, a common question is whether the spouse with fewer financial resources can still claim Social Security retirement benefits.

What Happens to my Social Security during a Divorce?

When younger couples choose to divorce, they often overlook the impact their decision may have on Social Security retirement benefits. However, this is a significant concern for older parties who rely on these benefits as a source of income. Despite divorce, the law currently permits individuals to collect Social Security retirement benefits based on their spouse's work history. However, certain qualifications must be met to be eligible for this benefit.

To collect Social Security retirement benefits based on an ex-spouse's work history, the former couple must have been married for at least ten years, and the receiving individual must typically be at least 62 years old. In the case of a former spouse's passing, the surviving divorced spouse can collect benefits at age 60. If a person is disabled and their ex-spouse has passed away, they can collect benefits at age 50. Finally, at least two years must have passed since the finalization of the divorce before benefits can be collected.

Individuals who remarry cannot generally collect Social Security retirement benefits based on their first spouse's earnings, except in cases where the second marriage ends in divorce or the second spouse dies. In these instances, the individual can choose which spouse's benefits to collect, provided that the first marriage lasted ten years and the second marriage lasted at least nine months. Importantly, a person can receive Social Security retirement benefits based on their former spouse's work history, even if the ex-spouse has remarried.

Amount of Social Security Retirement Benefits Available after Divorce

Generally, individuals who receive Social Security retirement benefits as a divorced spouse will obtain half of their former spouse’s benefits, except in cases where their former spouse has died, in which case they will receive the full amount. They do not need to seek approval from their former spouse prior to seeking benefits, and their former spouse will not be informed of their collection of benefits. Additionally, their receipt of Social Security retirement benefits will not affect the amount of benefits accessible to their former spouse.

Speak with an Experienced Divorce Attorney

Couples who have one spouse that did not work during their marriage may face financial difficulties in case of a divorce. However, in certain situations, the non-working spouse may qualify to receive Social Security retirement benefits based on their former partner's earnings. The attorneys at Wilson Whitaker Rynell have a track record of achieving favorable results for clients going through divorce proceedings. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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