Are you considering a divorce but are concerned about its impact on your Social Security benefits, especially if you’re near or at retirement age? This concern is understandable. Your ability to qualify for social security benefits after divorce depends on several factors. Both you and your ex-spouse have considerations to keep in mind, which we will explore in this article.
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Do I qualify for social security benefits after my divorce?” If you’ve asked yourself this question, know that the answer depends on several conditions:
- Your marriage lasted longer than 10 years.
- You are currently unmarried.
- You are age 62 or older.
- The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
- Your ex-spouse is entitled to Social Security retirement or disability benefits.
Can your ex-spouse qualify for Social Security benefits? They can if they meet the same conditions listed above. Note that your ex-spouse’s claim on your social security benefits doesn’t reduce your benefits.
Related Article: 5 Helpful Tips When Divorcing Over 50
The Social Security benefits you or your divorced spouse can receive depends on the qualifying ex-spouse’s retirement benefits status. If the qualifying ex-spouse hasn’t applied for retirement benefits but qualifies for them, the divorced spouse can receive benefits on the qualifying ex-spouse’s record. This applies if you’ve been divorced for at least two continuous years.
Initially, the Social Security Administration pays benefits based on the recipient’s record. If the benefit on the qualifying ex-spouse’s record is higher, they pay an additional amount to match the higher benefit.
Special Considerations for Social Security Benefits After Divorce
- Birthdate: As of 2023, there are also breakdowns based on your ex-spouse’s birthday:
A. If your ex-spouse was born before January 2, 1954, and has already reached full retirement age, they can choose to receive only the divorced spouse’s benefit and delay receiving their own retirement benefit until a later date.B. If your ex-spouse’s birthday is January 2, 1954, or later, the option to take only one benefit at full retirement age no longer exists. If your ex-spouse files for one benefit, they will effectively file for all retirement or spousal benefits. - Remarriage: If you find love again and decide to remarry, your ex-spouse can still claim benefits based on your record, provided they remain unmarried and meet the five (5) eligibility criteria listed above.
- Work status: What if your ex-spouse is currently working or still intends to work a full-time job? If you or your ex-spouse is currently working and continues to work while receiving benefits, the same earnings limits apply to them as apply to you.
The effects of divorce on your financial position and assets can be complex, especially when you are close to or at retirement age. For more personalized advice, consult with an experienced Illinois divorce attorney. They can help minimize the divorce’s effects on your financial position and assets, which is crucial if you or your spouse approaches retirement age or are already retired.
