Understanding Social Security Benefits After Ending a Marriage
Dissolution can raise many financial questions, especially for those who have spent much of their lives raising children or supporting a spouse’s career. One of the most common concerns we hear is whether a divorced spouse can collect Social Security benefits based on their ex-spouse’s record.
If you are age 62 or older, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on your former spouse’s record. To qualify, your marriage must have lasted 10 years or more.
If you’ve remarried, you generally cannot collect benefits on your ex-spouse’s record unless your later marriage ends by annulment, dissolution, or death. Additionally, if you’re entitled to benefits on your own record, Social Security will pay you the higher of the two benefit amounts, not both.
You can also apply for benefits on your ex-spouse’s record even if they haven’t retired, as long as you’ve been divorced for at least two years. Once you reach full retirement age, you can choose to receive divorced spouse benefits while delaying your own, potentially increasing your future monthly payments.
If your ex-spouse remarries, you can still qualify for divorced spouse benefits if:
- You are unmarried
- You are 62 or older
- Your ex-spouse is eligible for benefits
- Your benefit amount based on your own record is less than what you’d receive based on theirs
Guidance for Your Financial Future
These Social Security rules can be confusing, especially when navigating them alongside the emotional and legal challenges of ending a marriage. At Stange Law Firm, our attorneys can help you understand how Social Security and other financial benefits may impact your long-term stability and settlement strategy.
Contact a Multi-State Dissolution of Marriage Lawyer Today
If you’re going through a dissolution of marriage and have questions about your Social Security benefits, we can help you understand your rights and options. Contact Stange Law Firm online or call 855-805-0595 to schedule a confidential consultation with one of our experienced attorneys.
