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How does divorce affect social security benefits?

Writer's picture: Rob DavisRob Davis

Divorce can be one of the most emotionally difficult and stressful events many people will ever go through in their entire lifetimes.  I always say, when someone is trying to take your money, property and/or children, you just don’t get much worse than that and the result is frequently you see the absolute worst in some people.  The divorce process not only permanently ends a family as it was known, but it divides hard earned money and assets between two separating spouses.  An effective divorce degree and parenting plan details most of post-divorce life when it comes to dealing with your ex.  One aspect of post-divorce life a divorce judgment will not dictate is Social Security benefits, and the rules regarding these benefits may surprise you.

 

         The key thing to be aware of when it comes to social security benefits following a divorce is that under certain conditions, one ex-spouse may be entitled to benefits on account of the other ex-spouse’s work record.  If the working ex-spouse is eligible for either Social Security retirement or disability benefits, the other ex-spouse may be entitled to some benefits based on the working ex-spouse’s work history and social security contributions to the government.  When the working spouse dies, the so-called surviving divorced spouse is entitled to a portion of the working’s spouse’s benefits, if they meet the requirements. I can remember when my father died in 2012, my mother was able to claim some of the social security death benefits despite that fact that they were divorced for over 30 years.

 

First off, for an ex-spouse to qualify for these benefits the marriage with the previous spouse must have lasted at least 10 years prior to divorce or death of one spouse.  Next, the ex-spouse seeking benefits must be at least 62 years of age at the time they are applying for Social Security benefits.  An additional requirement is that the ex-spouse not be married at the time they apply for benefits and if they were remarried since the divorce from the ex-spouse, that subsequent marriage must have ended in divorce or death by one partner.  Finally, an ex-spouse can only collect additional Social Security benefits if the amount of benefits they are entitled to receive based on their own work history is less than the benefit they would receive based on their ex-spouse’s work history.

 



An interesting caveat is that when a former spouse applies for social security benefits based on their ex-spouse’s work history (assuming the marriage met the requirements including the 10-year marriage minimum) this has no effect on anyone else’s benefits with regard to that particular ex-spouse.  This means when an ex-spouse receives these benefits, the amount the other ex-spouse (or his wife or widow) receives is not affected whatsoever. 


A divorced spouse is eligible to receive up to 50% of the working spouse’s full time retirement benefits, if the working spouse is deceased the surviving divorced spouse can receive up to 100% of what the deceased working spouse collected or was entitled to collect at his time of death.

 

Interestingly, divorced surviving spouses have more options than typical Social Security beneficiaries because their own work history Social Security benefits and Survivor Benefits encompass two separate and distinct avenues of financial benefits. Any surviving divorced spouse is allowed to select one benefit avenue first, then they can subsequently elect the other avenue if a higher monetary amount is available.  This is one of the reasons why it is important for divorced spouses to be knowledgeable regarding their Social Security benefit options.  Even a small monthly increase in monetary benefits can be a big deal for many seniors living check to check.

 

Another important point of the rule regarding Social Security benefits pertains to surviving divorced spouses who have been married more than once.  When there are multiple marriages, if any one marriage was over 10 years in duration, then the ex-spouse has the opportunity to choose whichever ex-spouse’s benefits are the greatest.  In this way, if the working spouse has multiple ex-spouses, then the possibility exists that multiple ex-spouses can collect benefits from the Social Security Administration for one worker if all the marriages meet the requirements.


         One thing people rarely consider when going through a divorce are Social Security benefits. Yet for our older clients, it is important they are aware of the rules regarding Social Security benefits. Divorces can be complex with many different and difficult details to deal with. Fortunately, once you are divorced, most of these difficult issues are decided in a settlement or by the judge, so you don’t have to worry so much about the unknown. One issue that isn’t decided by divorce is social security benefits. If you are a man facing a divorce, please call our office at (816) 285-1530 to schedule a consultation.



  

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The Men's Center for Domestic Resolution 

Robert Davis, Attorney at Law

1005 Cedar St. 

Pleasant Hill, MO 64080

816-287-1530

www.manlawkc.com

robert@kcmensdivorce.com

 

Cass County, Missouri Men's Family Law attorney
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