How Divorce Can Affect Your Social Security Benefits

Divorce is never easy, but it can be especially trying for older couples. Each spouse must be aware of how the divorce will affect their retirement benefits packages. Many older couples have questions regarding their divorce and Social Security benefits. The Social Security Administration has established rules on how a couple going through a divorce can have their Social Security benefits allocated. These rules relate to which spouse files at which time and how much each spouse is entitled to receive.

How Do I Qualify For Divorced Spouse Benefits?

A spouse can apply to receive a divorced spouse’s Social Security benefits if the couple has been married for at least ten years. The divorce must be finalized at the time that the filing spouse seeks to claim the divorced spouse’s benefits. The filing spouse must be at least 60 years if the divorced spouse is deceased or 62 if the divorced spouse is still alive. If the couple has been divorced for at least two years, the filing spouse can apply for benefits, regardless of whether the divorced spouse has already filed for their own benefits.

How Much Can I Receive In Divorced Spouse Benefits?

The filing spouse can receive either their own benefits payment, or the divorced spouse’s payment, whichever amount is higher. A filing spouse who has reached full retirement age will receive half of the divorced spouse’s payment if the divorced spouse is still alive, or the full payment if the divorced spouse is deceased.

The filing spouse cannot receive both their own benefits payment and that of the divorced spouse at the same time if they file between the ages of 62 and full retirement age. If the filing spouse applies for spousal benefits before reaching full retirement age, the amount received decreases.

Can Either Spouse Collect On The Other’s Divorced Spouse Benefits?

The Social Security Administration treats its benefits payments to divorced spouses as “gender neutral”; ex-wives do not receive preferential treatment over ex-husbands, and vice versa. Either spouse can apply to receive Social Security benefits from the other’s account.

How Does Remarriage Affect My Divorced Spouse Benefits?

A filing spouse typically cannot collect benefits on a divorce spouse’s work record. If the subsequent marriage lasts at least ten years and ends through divorce, death or annulment, the filing spouse can collect on either previous spouse’s benefit payments, whichever is higher.

Source: Social Security Administration 1, 2

Get Answers For Your Divorce and Social Security Questions

To find out how we can answer your questions about divorce and Social Security, contact one of our attorneys today. Our intake team will take down the details of your case and quickly connect you to an attorney who understands how divorce and Social Security can affect your financial future. You can also fill out the “Free Case Evaluation” form at the top of this page.