Divorce can change which Social Security benefits you may be eligible to receive in retirement or after a former spouse dies. The rules for divorced-spouse benefits and surviving divorced-spouse benefits differ, so it is worth reviewing both before you make a claiming decision.
Check whether you qualify for benefits on a former spouse’s record.
You may qualify for divorced-spouse retirement benefits if your marriage lasted at least 10 years, you are at least 62, you are currently unmarried, and your own retirement benefit is less than the benefit available on your former spouse’s record. Your former spouse must be entitled to Social Security retirement or disability benefits. If they have not applied, you may still qualify if they are eligible, you have been divorced for at least two continuous years, and you are both at least 62. A former spouse’s remarriage does not, by itself, disqualify you.
At your full retirement age, a divorced-spouse benefit can be up to 50% of your former spouse’s full-retirement-age benefit. Claiming early may reduce the amount. Delayed retirement credits your former spouse earns after full retirement age do not increase this divorced-spouse benefit. Social Security generally pays your own retirement benefit first, then adds any amount needed to bring your payment up to the higher eligible amount; the two full benefits are not added together.
Understand the different rules after a former spouse dies.
Surviving divorced-spouse benefits generally require a marriage of at least 10 years. You may be able to claim as early as age 60, or age 50 if you meet Social Security’s disability requirements. Remarrying before age 60 generally affects eligibility for survivor benefits while that marriage continues; remarriage at or after age 60 generally does not. Different rules may apply if you are caring for your former spouse’s qualifying child.
A survivor benefit may be as much as 100% of the benefit your former spouse received or was entitled to receive, including applicable delayed retirement credits. The amount depends on factors such as the age at which you claim and your former spouse’s claiming history. If you qualify for benefits on your own record too, Social Security generally pays the higher available amount rather than both full amounts.
Compare your options before you claim.
Take the following steps before making a claim:
- Ask the Social Security Administration (SSA) for estimates based on your own work record and any former spouse’s record for which you may qualify. Ask separately about survivor benefits, because their rules and claiming options differ.
- Discuss the timing of a claim with SSA, particularly if you may qualify for both retirement and survivor benefits. The age at which you start receiving each type can affect your monthly payment.
- If you are divorcing or expect to receive alimony, take those estimates to a financial planner. A budget that includes housing, insurance, taxes, and other expenses can help you assess your future income needs and any proposed support arrangement.
Social Security rules can be fact-specific and may change. Confirm your eligibility and estimated benefit directly with SSA before relying on a figure in divorce or retirement planning.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.