Will I be eligible to
receive 50% of his social security
Martha's Question: My my husband and I
divorced after being married for 26yrs. I am 52 and he is 59. When I
reach 62, will I be eligible to collect 50% of his social security?
His income was substantially higher than mine.
Timothy's Answer: Your question about
future social security benefits is a question that comes up common
regularly. The short answer to your question is “yes”.
Basically, if you are divorced after at least 10 years of marriage,
you can collect retirement benefits on your former spouses’ social
security schedule. You need to be at least 62 and your former spouse
must be eligible or is currently receiving benefits. The benefits
you are entitled to receive are at the amount of 50% of your former
spouses benefits and since your husband was the higher wage earner,
most likely his benefit amount will be greater than yours.
The exception to this rule is if you remarry. If
however, your second marriage were to end later whether by divorce,
death etc., you would again be eligible. The Social Security
Administration is a great resource for questions related to divorce
and social security benefits. You can reach them on-line at www.ssa.gov
or by calling them at 1-800-772-1213. » Return to top
Should I wait until he
starts receiving benefits before I file for divorce?
Linda's Question: My husband will be able to get full retirement
from Social Security in October. Since we have a dependant child, he will also
get benefits. Do I file for divorce before this comes into affect, or do I wait
until after it has commenced and use it as child support?
Timothy's Answer: Since both you and your husband will be eligible to receive your full
retirement benefits in October, you will qualify for what is referred to as
"derivative" benefits from your spouse. If by waiting until October
allows you to meet the marriage provision term of at least 10 years and you are
the lower paid spouse, then it is certainly worth waiting until this time.
However, if you already have met the 10 year marriage requirement, then waiting
until October should not have a significant impact on the benefits you are
eligible to receive. As long as you have been married ten years, you are already
eligible to receive one half his benefit amounts, assuming you have both met the
age requirement of 62 and he will be entitled to receiving his full benefits
then. Please be aware, if you remarry, you will not be eligible to receive benefits
on your former spouse's unless your marriage formally ends.
Child support is affected by social security benefits and typically is
included in determining the parent's income. Hence, any benefit the parent
paying child support receives will help determine the initial child support
obligation. You should check with your state's child support guidelines to
determine the way in which they view child support as it pertains to gross
income. » Return to top
Timothy McNamara is a certified divorce financial analyst,
specializing in the financial issues that couples and individuals
face when their marriage ends. Having gone through a divorce himself,
he is passionate about helping people understand and manage the
complicated financial issues divorcing couples often face.
This column is not intended to take
the place of professional advice, but rather to provide financial information about
the various issues that arise in a divorce.
For specific recommendations concerning your
situation, you should retain an experienced certified divorce financial analyst who can
answer your questions based on the details of your case. WomansDivorce.com,
Timothy McNamara, and Tracey Manzi disclaim
any liability from any claim arising from any information contained
in this column. This column is not a substitute for professional advice.