Sometimes a couple that wants to end their marriage delays it for some time due to financial reasons related to Social Security retirement benefits. There are two main situations where spouses put off divorce for at least a short time because of these government benefits. A divorce law attorney in Frederick can represent one of the spouses in this kind of situation and provide knowledgeable legal counsel.
Social Security retirement benefits can be taken as early as age 62. If one spouse is close to that age and needs the money to live on independently, delaying the divorce can be a reasonable option. This is particularly suitable when the spouses still get along reasonably well and can continue living in the same home until Social Security becomes available. A divorce law attorney in Frederick can then represent one of the spouses when the benefits have started and they are ready to make the split.
The second reason involves a federal law stating that an ex-husband or ex-wife can be granted these benefits from the former spouse if the two had been married for 10 years or more. This does not affect the other ex-spouse in regard to the benefits they receive. Remarriage to another person is not a factor either. This situation is immensely helpful for a person who had a limited number of working years or did not earn enough to qualify for benefits. If the marriage only lasted nine years, the couple may be willing to delay divorce for the number of months necessary to reach the 10-year mark.
The spouses must be able to trust one another in regard to finances during this temporary arrangement because Texas does not have any provision for legal separation. In many other states, couples who decide to delay their divorce can file for a legal separation that protects their interests in a variety of ways. Anyone who is considering this type of delay may consult an attorney with an organization like The Russell & Heffner LLC and receive answers to pertinent questions.
