Divorce and Social Security

If you’ve retired and are facing divorce, you’re probably wondering how your Social Security benefits are going to be affected. If you’re relying on Social Security for your living expenses, you could be especially worried about how your divorce will affect your ability to buy groceries and pay rent.

Fortunately, you may be entitled to your former spouse’s Social Security benefits even after divorce. The following are a few facts about Social Security and divorce:

• If you have been married for at least ten years, do not remarry after divorce, and are at least 62 years old, you can collect Social Security from your former spouse, assuming he or she is receiving benefits. This is guaranteed regardless of whether your spouse remarries or not.
• You have a right to 50% of your former spouse’s Social Security benefits, unless your own employment benefits package is worth more.
• If your former spouse dies, you can collect 100% of his or her Social Security benefits, assuming that you were married for at least ten years and have not remarried.
• Should you remarry, you cannot collect benefits from your former spouse, unless your subsequent marriage also ends, whether by death, divorce, or annulment.
• It’s important to understand that even if you are collecting 50% of your former spouse’s Social Security package, it does not affect your spouse’s benefits. That is, he or she does not lose Social Security money because you are given benefits.

Contact Us

If you and your spouse are considering a divorce, contact the Boca Raton divorce lawyers of Eric N. Klein & Associates, P.A., by calling 561-353-2800.