What is the Impact of Divorce on Spousal Social Security Benefits?

One consequence of divorce that many overlook is its impact on Social Security benefits. This effect is often significant when one spouse has been the primary income earner for the better part of the marriage.

In most situations, the spouse earning less is entitled to a spousal benefit, up to 50% of the earning spouse’s benefit. Family lawyers in Oakland say that a divorced spouse may be entitled to the benefits, but several factors come into play. If you’re a man going through a divorce, it would help to understand your eligibility for spousal Social Security benefits.

Are Men Eligible for Spousal Social Security Benefits?

You can be entitled to your ex-spouse’s Social Security benefits based on their work. Southfield divorce attorneys add that your eligibility depends on the following factors:

  • Your marriage lasted at least 10 years
  • You haven’t remarried since the divorce
  • You’re at least 62 years
  • The benefit you’re entitled to receive from your work is less than what you’d receive based on your ex-spouse’s work.
  • Your ex-spouse could get Social Security or disability benefits in their retirement. If they haven’t applied for the benefits but are 62, you can receive your share if you’ve been divorced for at least two years.

Divorce attorneys in Southfield add that the 10-year marriage requirement is strict, meaning that you will not be entitled to receive the benefits if your marriage lasted a week less than 10 years. It would be in your best interests to engage the services of experienced legal experts to help you navigate the nuances of spousal Social Security benefits after divorce.

What Percentage of Social Security Benefits Can Divorced Spouses Get?

The legal framework stipulates that a divorced spouse can receive up to 50% of their ex-spouse’s Social Security benefits. However, if you file for the benefits before the full retirement age, the benefit could be reduced by between 6.5% and 7% for each year claimed before full retirement.

It’s also crucial to note that if the benefit you would receive on your own is more than the 50% you’re entitled to from your spouse, you will be entitled to a more considerable benefit based on your own social security credits. The amount of your payment is based on the number of credits you pay in to social security.

Southfield divorce lawyers advise that you file for your benefits and your spousal share to enhance your chances of obtaining a more significant benefit. A Social Security Administration representative can help you locate your spouse’s records if you don’t know their Social Security number, based on the premise that you don’t have to wait for your spouse to file for the benefits.

Special Considerations

Once you claim your spousal share of Social Security benefits from the Social Security Administration, the agency won’t notify your ex-spouse. Their monthly benefit also won’t be reduced. So if you collect social security based on your ex-spouse’s credits, the ex spouse will still receive the same amount.  For example, if your ex-spouse qualifies to receive $3,000 per month from social security at full retirement age, and you have met the criteria, you are eligible for $1500 per month at full retirement age.  And the ex spouse still receives their $3,000 per month.  But if your own social security benefit is $1800 per month based on your work credits, then you get the $1800 and not both the $1500 and the $1800, you would just receive the higher of the two amounts. However, note the following factors that may affect Social Security benefit distribution for divorced couples:

  • Special circumstances could apply if you were born before January 2, 1954. You may be eligible to claim your ex-spouse’s benefit in addition to yours.
  • If you have been married more than once, you can collect benefits from only one of your ex-spouse’s work records.
  • You can apply for benefits on your ex-spouse’s work record at full retirement age and delay your own. Doing so allows the benefit to earn 8% interest a year in delayed retirement credits until age 70.

How Does Remarriage Affect Spousal Social Security Benefits?

You may not be eligible to receive benefits from your ex-spouse’s Social Security fund if you remarry unless the new marriage ends. This can be through a divorce, death, or annulment. In this case, you can claim benefits on the former or latter ex-spouse’s record if you meet the eligibility requirements.

In a few limited cases, remarriage doesn’t end the benefits obtained on your former ex’s record. An exception is if you remarry the same person. You can qualify for the benefits if the remarriage happened no later than the calendar year immediately after the year of the divorce.

Family lawyers in Oakland say that in some other cases, remarriage may not end your spousal benefits if your new partner is receiving survivor benefits, childhood disability benefits, or divorced spouse benefits.

How Does the Death of an Ex-Spouse Affect Spousal Social Security Benefits?

You could be eligible for Social Security payments equal to a surviving spouse benefit if your ex-spouse passes away. The requirements are:

  • You’re at least 60 years old or between 50 and 59 if you have a disability
  • You’re not entitled to a benefit on your work record that is equal to or higher than your spousal benefit
  • You’re not married unless your case is eligible for some exceptions
  • There are additional SSA rules that affect spousal Social Security benefits if your ex is decreased:
  • If you remarry before age 50, you’re not entitled to collect survivor benefits unless that marriage ends
  • If you remarry between the ages of 50 and 59, you’re not eligible for survivor benefits
  • If you remarry after age 60, you may qualify for survivor benefits depending on your former spouse’s record.

These nuances can be challenging, but experienced family lawyers in Southfield can walk you through the process.

A Skilled Divorce Lawyer Helping You Secure Spousal Social Security Benefits

Divorce can influence your eligibility to qualify for spousal Social Security benefits depending on various factors. If you are a lesser-earning spouse and wish to pursue them, consult divorce lawyers in Oakland for legal guidance on eligibility and the application process.

At ADAM American Divorce Association for Men, our team of legal experts can evaluate your case and help you create a strategy to protect your rights. Our lawyers are knowledgeable and dedicate themselves to protecting the rights of every client. Whatever family law situation you’re going through, we can help you. Call us at 248-290-6675 to schedule a FREE case assessment.