I am wanting a divorce, but I know I have to be married for 10 yrs to get half of my husband's social security benefits.

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If he earns $180,000.00+ and has been working for the same company for about 25 years, how can I calculate how much would I get? Just roughly... (I have tried several websites, but it has been difficult to calculate it myself) I have been a stay at home mother and he is the only one working. Also, if he files for bankruptcy, will it affect his social security benefits?

Attorney Answers

5
David Bliven ·
The 10-year figure comes into play where you would be able to use your husbands earnings to qualify for social secrity for yourself - NOT that you would "get half of HIS social security." Social security is not a divisable asset of the marriage. That said, yo can visit the NYS court system website & use their maintenance calculator to get an idea of what you may get in terms of alimony. Schedule a consult with a NYC Divorce attorney for a full assessment.
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Michael Rogers 4560114.Html ·
It is very hard to calculate benefits of this sort. You should consult with a local divorce/separation and bankruptcy attorney that is in your area. The Find a Lawyer tab above is a great way to search for local attorneys in your area.
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Joseph Vitulli ·
Sounds like there is a lot going on but not everything seems to make perfect sense. For example, if he is earning $180K a year he is likely not earning SS benefits at the same time. Likewise, why would he be filing for bankruptcy with such a high income without some major circumstances not described. That said, should you choose to divorce you will be entitled to equitable distribution of the marital assets. Unfortunately, this is not something that can be easily calculated without knowing all of the details of the situation and financials. I would suggest contacting a Family Law attorney and discussing the entire situation. You can find several using the "Find a Lawyer" Tab above.
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Brian J GilletteSocial Security LawyersWilliamsburg, VA ·
Divorced women married at least 10 years are eligible for Social Security on the exhusband’s record if they are unmarried at the time they become eligible for Social Security. The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement.
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David Zaslavsky ·
You need to sit down and review this matter with an attorney who can explain to you what is going on after a consultation wherein you can reveal all of the facts of the case to them. You will not likely get any good answers on this forum for such a complicated question. You can use the find a lawyer tab or you can speak to one of the attorneys answering this question. Our information is available through .
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