Social Security in Divorce

Knowing the rules around Social Security retirement benefits is important in a divorce. If you concerned with how a proposed settlement will affect you in the long term - through retirement - then you’ll want to include your Social Security retirement income.

The general rule is pretty simple: you will receive the greater of your own Social Security retirement benefit or a benefit equal to half of what your ex-spouse will receive. But there are qualifications involved: you must have been married to this ex-spouse for at least 10 years, are not remarried yourself and are at least age 62. Also your ex-spouse must qualify for a Social Security retirement benefit.

If you want to begin collecting Social Security based on your ex-spouse’s record and he/she has not yet started collecting, then you must be divorced for at least 2 years.

There are often misperceptions around these rules. Some people think that their own benefit will be reduced if the ex-spouse qualifies to receive the higher amount. This is not true. Social Security will not reduce your benefit - they will just increase the ex-spouse’s benefit. Also, you don’t have to wait for your ex-spouse to begin collecting in order to receive your ex-spouse bump-up.

You can always call the Social Security Administration to find out what benefit you qualify for as a divorced spouse. I’ve found them to be very friendly and informative!