Divorce & Social Security: What You Need to Know

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Everyone plans to retire, and many people dream of retiring sooner rather than later. However, divorce can disrupt those plans. You may have envisioned traveling, visiting family, and enjoying time with your spouse, but suddenly, your assets are being divided and you may be left living on a single income. The question then becomes: How will you retire on one income?

Social Security benefits play a big role in retirement planning, and many divorced individuals are unaware of the benefits they may be entitled to. Below are some key points to consider regarding Social Security benefits for divorced spouses:

Key Points on Social Security for Divorced Spouses

  1. Eligibility Based on Marriage Duration
    If you have been married for 10 years or more, divorced for at least two years, and have not remarried, you can claim Social Security benefits based on your ex-spouse’s record once you reach age 62. You are eligible to receive either 50% of their benefit or 100% of your own, whichever is higher.
  2. Benefits for Surviving Divorced Spouses
    If you were married for 10 years or more, divorced for at least two years, and have not remarried but your ex-spouse has passed away, you can claim survivor benefits based on their record starting at age 60.
  3. No Increase After Full Retirement Age
    Your divorced spousal benefits will not increase after your ex-spouse’s full retirement age. Therefore, there’s no benefit to delaying these benefits beyond that point.
  4. Multiple Marriages
    If you were married multiple times, each for at least 10 years, divorced for at least two years, and have not remarried, you can choose which ex-spouse’s benefits to claim. Naturally, you would select the one offering the highest benefit.
  5. Born Before January 2, 1954
    If you were born before January 2, 1954, and have reached full retirement age, you can opt to receive only the divorced spousal benefit and delay receiving your own retirement benefit, allowing it to grow. However, if you were born after this date, you are no longer eligible to file and suspend benefits.
  6. Your Benefits Do Not Affect Your Ex-Spouse’s Benefits
    Claiming benefits based on your ex-spouse’s Social Security does not reduce the amount they are eligible to receive.

Planning for the Future

Social Security rules are complex and can change over time. It is crucial to consult a financial advisor familiar with these regulations and your specific circumstances before making any decisions. Just as you worked with a family law attorney during your divorce, it is recommended that you work with a financial advisor who specializes in the financial aspects of divorce to help you navigate these decisions.


Angelique Ayala is a financial advisor and founder of Dear Divorcée. She is a panelist on DiPietro Divorce Seminars, helping educate attendees on the financial implications of divorce.

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