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Divorce and Social Security Benefits

On Behalf of | Mar 31, 2025 | Firm News |

Divorce can impact Social Security benefits in several ways, and there are specific rules to determine eligibility:

1. Eligibility for Ex-Spouse Benefits:
– If you were married for at least 10 years, you may qualify to receive benefits based on your ex-spouse’s Social Security record.
– You must be at least 62 years old and unmarried to claim these benefits.
– Your ex-spouse must be eligible for Social Security retirement or disability benefits, but they don’t need to have started receiving them.

2. Amount of Benefits:
– You can receive up to 50% of your ex-spouse’s full retirement benefit if you claim at your full retirement age.
– If you start benefits earlier, the amount will be reduced.

3. Impact on Your Own Benefits:
– If you’re entitled to benefits based on your own work record, you can receive either your own benefits or the spousal benefits, but not both.
– If you’re entitled to benefits on your own work record you may be able to start receiving spousal benefits at a younger age and allow benefits under your own work history to increase. When you reach maximum retirement age you can then switch to benefits from your work history. This is a complicated analysis and you should not consider this without expert advise on this matter. You can obtain advice from your local social security office.

4. **Survivor Benefits**:
– If your ex-spouse passes away, you may be eligible for survivor benefits, which can be up to 100% of their benefit amount.

5. **No Impact on Ex-Spouse**:
– Your claim does not reduce or affect the benefits your ex-spouse or their current spouse may receive.

For more detailed information, you can see the Social Security Administration’s guide on ex-spouse benefits (https://blog.ssa.gov/ex-spouse-benefits-and-how-they-affect-you/) or (https://www.survivedivorce.com/social-security).

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