Divorce and Social Security

Like anything related to Social Security, the rules for people who are divorced start out straight forward, but can get very complicated as your situation changes. In general, you are entitled to “spousal benefits” based on your former spouse’s work record if:

1. You are over 62
2. You were married for at least 10 years
3. Your former spouse is eligible to receive Social Security
4. You have not  remarried

Loosely defined, “spousal benefits” are one-half of your spouse’s benefit amount.  The full definition is much more complicated, but for our purposes, this simplified definition will suffice.  It is also important to note that your ex-spouses benefits are not impacted by anything you do related to spousal benefits.

Now for some of the complexities…

1. If you remarry, you will be eligible to receive spousal benefits only based on your current spouse’s working record, not your former spouse’s history.
2. If you are married to your first spouse for 10 years, get divorced, then remarry a second spouse and get divorced after another 10 years, you can choose which ex-spouse to use for your spousal benefit.
3. When your ex-spouse dies, you may be eligible for survivor benefits.

There are several reasons why this is important when planning your divorce:

1. If you fall even one day short of the 10 year requirement, you will lose your ability to claim spousal and survivor benefits.  This may potentially cost you hundreds of thousands of dollars over your lifetime.
2. Social Security benefits are not marital assets subject to division.  However, the court may consider benefits to be received during the divorce process.
3. You should obtain the information you will need to claim spousal benefits as part of the settlement if you do not already have it.  Specifically, you will need your spouse’s social security number, date and place of birth, and the legal names of their birth parents.

This is a brief summary of how Social Security benefits are impacted by your divorce.  You should talk with your financial divorce analyst in more detail about your rights, obligations and issues specific to you and your situation.