Divorce is an emotionally challenging and complex process that affects various aspects of a person’s life, including financial security. When considering the implications of divorce, it is crucial to understand the potential impact on Social Security benefits. Social Security is vital in providing financial support to retired, disabled, and surviving individuals. In this article, the experienced attorneys at Rodier Family Law explore what happens to Social Security benefits if you divorce and how it may affect your financial well-being.

Eligibility for Spousal Benefits

In a marriage that lasts at least ten years, the lower-earning spouse is typically entitled to claim Social Security benefits based on their ex-spouse’s earnings record, even after divorce. This is known as spousal benefits. However, specific conditions must be met:

The Divorce Must Be Finalized

To claim spousal benefits, the divorce must be legally completed, and a divorce decree must be issued.

Age Requirement

The lower-earning spouse must be at least 62 years old to qualify for spousal benefits. However, if the ex-spouse still needs to claim their own Social Security benefits, the divorcee must wait until the ex-spouse files for benefits.

Unmarried Status

The lower-earning spouse must remain unmarried to claim benefits based on an ex-spouse’s record. Remarrying before the age of 60 (or 50 if disabled) would make them ineligible for spousal benefits.

Calculating Spousal Benefits

The number of spousal benefits you can receive after divorce depends on various factors, including the duration of the marriage, the difference in income between both spouses and the age at which benefits are claimed.

Full retirement age

 If the lower-earning spouse waits until their full retirement age (currently between 66 and 67, depending on the year of birth) to claim spousal benefits, they may receive up to 50% of their ex-spouse’s full retirement benefit.

Early Claiming

If the lower-earning spouse claims benefits before their full retirement age, the amount will be reduced. The reduction percentage depends on the number of months before the full retirement age they file for benefits.

Delayed claiming

 If the lower-earning spouse delays claiming benefits beyond their full retirement age, the amount may increase through delayed retirement credits, up to a maximum of 132% of their ex-spouse’s benefit.

Impact on Ex-Spouse’s Benefits

Claiming spousal benefits based on an ex-spouse’s record does not affect the ex-spouse’s benefits or their new spouse’s benefits. It is simply an additional benefit for the lower-earning former spouse.

Remarriage and Survivor Benefits

If a divorced individual remarries, they generally forfeit the right to claim spousal benefits based on their ex-spouse’s record. However, they may be eligible for survivor benefits if their ex-spouse passes away, provided the marriage lasted ten years or longer.

Remarriage after age 60

 If a divorced individual remarries after reaching age 60 (or 50 if disabled), they can continue receiving benefits based on their deceased ex-spouse’s record.

 Remarriage before age 60

Remarrying before age 60 would disqualify the divorced individual from receiving survivor benefits, unless the subsequent marriage ends, either by death, divorce, or annulment.

Divorce can have significant implications for Social Security benefits, particularly concerning spousal benefits based on an ex-spouse’s earnings record. Understanding the eligibility criteria, calculation methods, and potential impact of remarriage is crucial when considering the long-term financial consequences of divorce.

If you are going through a divorce and have concerns about Social Security benefits, contact the experienced family law attorneys at Rodier Family Law today.