Social Security in Divorce

What Happens to my Social Security during a Divorce?

When younger couples choose to divorce, they often overlook the impact their decision may have on Social Security retirement benefits. However, this is a significant concern for older parties who rely on these benefits as a source of income. Despite divorce, the law currently permits individuals to collect Social Security retirement benefits based on their spouse's work history. However, certain qualifications must be met to be eligible for this benefit.

To collect Social Security retirement benefits based on an ex-spouse's work history, the former couple must have been married for at least ten years, and the receiving individual must typically be at least 62 years old. In the case of a former spouse's passing, the surviving divorced spouse can collect benefits at age 60. If a person is disabled and their ex-spouse has passed away, they can collect benefits at age 50. Finally, at least two years must have passed since the finalization of the divorce before benefits can be collected.

Individuals who remarry cannot generally collect Social Security retirement benefits based on their first spouse's earnings, except in cases where the second marriage ends in divorce or the second spouse dies. In these instances, the individual can choose which spouse's benefits to collect, provided that the first marriage lasted ten years and the second marriage lasted at least nine months. Importantly, a person can receive Social Security retirement benefits based on their former spouse's work history, even if the ex-spouse has remarried.

Amount of Social Security Retirement Benefits Available after Divorce

Generally, individuals who receive Social Security retirement benefits as a divorced spouse will obtain half of their former spouse’s benefits, except in cases where their former spouse has died, in which case they will receive the full amount. They do not need to seek approval from their former spouse prior to seeking benefits, and their former spouse will not be informed of their collection of benefits. Additionally, their receipt of Social Security retirement benefits will not affect the amount of benefits accessible to their former spouse.

Speak with an Experienced Divorce Attorney

Couples who have one spouse that did not work during their marriage may face financial difficulties in case of a divorce. However, in certain situations, the non-working spouse may qualify to receive Social Security retirement benefits based on their former partner's earnings. The attorneys at Wilson Whitaker Rynell have a track record of achieving favorable results for clients going through divorce proceedings. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.