www.taxprofessionals.com - TaxProfessionals.com
Posted by KLSM CPA Firm PLLC

Social Security Considerations You Need to Understand After a Divorce

Social Security Considerations You Need to Understand After a Divorce

According to the Social Security Administration statistics, over 90% of American workers are enrolled under the social security services scheme. If you’re here, you are either a beneficiary or probably battling a divorce case.

According to the legislation, by being married, if you or your spouse are qualified for social security, the other can fully benefit from the advantages that social security offers. It also extends to after finalizing a divorce. There are certain factors to consider if this is your situation.

General Rules for Divorced Couple under Social Security

There are ground rules for a divorced couple where either one benefits from social security. Here are some of the considerations you should know. 

The Marriage was at Least 10 Years

According to legislation, if the marriage was up to 10 years old, you can benefit from your spouse’s benefits under social security.



If you decide to remarry, you will no longer be entitled to receive any more benefits. All your entitlements will be attached to your next spouse when you remarry. 

If your new spouse ends the marriage with a divorce or becomes widowed, you can file new claims on your first spouse’s social security. You should know that it does not make any difference if your ex gets married to a new person. You can still benefit from them.

Other Important General Rules

Other basic rules state that you can still collect benefits as long as you’re at least 62 years old. Don’t forget that you must be single if you want to get the bonuses. In addition, to get the benefits, what you receive as benefits from the social security must be lower than what your ex-spouse gets.

If you meet these requirements, you could get as high as half what your spouse gets; that is 50%. The best thing is your ex-spouse won’t even be notified, as the law does not mandate the social security office from giving them a heads up.

Additional Considerations

In addition to the baseline conditions, here are some other conditions where your spouse can receive full benefits from your social security. 

You can still receive it even if the Spouse is Deceased.

If your spouse has passed on and still has benefits under the scheme, you’re eligible to receive them. That is, if the marriage was up to 10 years. If this is your condition, you can start receiving from 60 years. If there is a case of disability, you can start receiving it at 50 years.


General Questions 

When can you start Receiving the Benefits?

The normal age to receive the benefits is from 62 years. You can, however, delay receiving it. The advantage is the amount keeps building up as you wait. The highest you can wait is up to 70 years. 

Do I have to wait till my ex files before requesting for Benefits?

No. under the Federal laws, which trump any state’s law, you can lay claims to the benefits even when your spouse has not filed proceedings to begin receiving. You can delay receiving yours too and enjoy our partner’s own. Just remember that the earlier you start receiving, the lower the amount.


Does it mean the amount of my spouse will reduce?

No, it does not. Your spouse will still receive the amount they’re due. So there’s no need to feel guilty as this also extends to if your ex remarries.


How about Military Benefits after a Divorce?

If your spouse has military entitlements, you can receive a share if the marriage was up to 20 years. It also becomes possible if the spouse had 20 years of active service in the military too. 



Contact Member