Divorce And Social SecurityThe following considerations about divorce and social security are important to keep in mind when approaching divorce later in life.
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
Related Articles: 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. Divorce
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