What Every Divorcee Needs to Know About Social Security

Divorce always brings significant financial changes.  One of the most overlooked and misunderstood areas is how Social Security benefits work after the marriage ends. Many divorcees don’t realize they may be eligible for some of their ex-spouse's Social Security benefits.  This can improve their long-term financial security without inhibiting their ex-spouses' Social Security benefits.

Whether you’re early in the divorce process or recently divorced, understanding these rules can help you make informed decisions that support a more stable financial future.

You May Be Eligible for Benefits Based on Your Ex-Spouse’s Work Record

If you were married for 10 years or longer, you may qualify for what Social Security calls divorced spousal benefits. To be eligible, you must:

• Be age 62 or older

• Be currently unmarried

• Have an ex-spouse who qualifies for Social Security (they do not need to be collecting it yet)

If eligible, you can receive up to 50% of your ex-spouse’s full retirement age (FRA) benefit amount without reducing your ex-spouse’s benefit.  If you’re wondering how Social Security can pay both, it’s in the rules.  By the way, your ex-spouse will not be notified that you are applying for spousal benefits.

If Your Ex-Spouse Has Passed Away

Survivor benefits for divorced spouses can be even more impactful. If your ex-spouse has passed away, you may be able to receive up to 100% of the benefit they were entitled to.

You generally qualify if:

• The marriage lasted 10 years or more

• You’re age 60 or older (50 if disabled)

• You did not remarry before age 60

• Or you’re caring for their child who is under 16

Keep in mind that you cannot receive both your benefit and your husband’s benefit. 

Essentially, you will get the higher of:

• Your own retirement benefit, or

• The divorced spousal or survivor benefit

Planning for this is essential.  You will need to assess your benefits versus spousal benefits now and in the future.  You will need to decide if it’s more important to receive a higher benefit today or a higher benefit tomorrow.

Getting remarried?

The timing of remarriage matters:

• If you remarry before age 60: You typically lose access to ex-spousal or survivor benefits.

• If you remarry after age 60, you can still receive survivor benefits from an ex-spouse.

• If your new marriage ends: Eligibility for ex-spousal benefits may be restored.

Been married more than once?

If you had more than one marriage lasting 10 years or longer, you may be eligible to claim benefits from whichever ex-spouse provides the higher benefit. You can only claim one at a time, but you’re free to choose whichever is most advantageous.

Documents You’ll Need

Make an appointment at the Social Security office nearest you to evaluate your options.  Keep in mind that Social Security employees will not make a recommendation.  They will only provide information and cannot help you decide what is best for your specific situation.  When claiming benefits based on an ex-spouse’s record, Social Security may ask for:

• Your marriage certificate

• Your divorce decree

• Your ex-spouse’s name, date of birth, and Social Security number (if known)

Even if you don’t remember the SSN, the Social Security Administration can often locate the necessary information.

Why Social Security Matters in pre-and post-Divorce Planning

Social Security is one of the most stable sources of lifetime income, and the rules for divorcees can significantly change.  Social Security is only one part of the total financial plan. 

Understanding how to incorporate Social Security decision-making can affect the following:

• Retirement income projections

• Asset division strategies

• Spousal support needs

• Long-term planning decisions

• Investment withdrawal strategies

As a Certified Financial Planner™ and Certified Divorce Financial Analyst®, I frequently identify opportunities to help clients avoid costly mistakes by integrating Social Security rules into divorce financial planning.  For a complementary consultation, call Oscar Alvarez at 757-595-4588 or email Oscar@pathwayfp.net.