Question:

Does anything change in terms of laws and procedures after a marriage hits the nine- or 10-year mark for a divorce?

My final hearing has been pushed back several times already due to her and her attorney, and if it gets pushed back any more, we will technically have been married for another year next month.

Answer:

Most of the time when people reference the 10-year mark in a marriage, they are referring to Social Security laws.

Pursuant to Social Security, if you are divorced but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if he or she has remarried) if:

1. You are unmarried;
2. You are age 62 or older;
3. Your ex-spouse is entitled to Social Security retirement or disability benefits; and
4. The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.

Your benefits pursuant to Social Security are not changed or negotiated in a divorce, and you can find additional information on this issue on the Social Security Administration website.

However, I would suggest that you meet with an attorney licensed to practice in your state so that you can acquire some more state-specific advice on this issue, since there may be other issues within your divorce that could also be affected.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey divorce lawyer Michelle Ferreri, contact Cordell & Cordell.