Social Security Benefits After Divorce

Divorced spouses also may be eligible to collect Social Security retirement benefits based on their ex-spouse’s work record. The divorced spouse is generally eligible to collect benefits if the divorced spouse: 

  • is sixty-two or older,
  • is unmarried,
  • was married to the worker for at least ten years, and
  • is not entitled to benefits, on own or other account, that exceed one-half the worker’s primary benefit amount. 

The wage earning spouse doesn’t have to be retired and actually drawing benefits; he or she iust has to be eligible for retirement benefits. 

The impact of divorce on Social Security retirement benefits is very different From its impact on pension benefits. A worker with a pension is eligible for a certain amount of money in benefits. If a court orders these benefits split between the parties, the worker’s share will go down. 

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