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The Divorced Person"s Guide to Social Security

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Most young couples marry in full anticipation of growing old together.
But life is complicated.
Sometimes, as couples grow older, they grow apart rather than together.
And, sometimes, they divorce.
Among the many things that must be considered in a divorce, it is important to think about the future-including retirement in general, and Social Security benefits in particular.
What effect, if any, does divorce have on these benefits? In order to answer this question, first we must consider the benefits to which married persons are entitled under Social Security.
Married persons have the right to apply for:
  1. Benefits based on their own contributions to Social Security over their lifetimes;
  2. Spousal benefits based on their spouse's contributions to Social Security, so long as they are at least 62 years of age and their spouse is receiving (or is eligible to receive) benefits.
    This sum can equal as much as half the amount of the spouse's retirement benefit; and
  3. Survivors' benefits based on their deceased spouse's contributions to Social Security.
    This sum can equal the full amount of the deceased spouse's benefit.
So, what impact does divorce have on these benefits? Far less than you might think.
First, if you earned and contributed significantly less to Social Security than your ex-spouse during the marriage, you will still have the right to receive spousal benefits based on your ex-spouse's contributions, so long as the following conditions are met:
  1. You were married to your ex-spouse for at least 10 years;
  2. You are at least 62 years of age;
  3. You are not presently married; and
  4. Your ex-spouse is receiving benefits, or is eligible to receive benefits and you have been divorced for at least two years.
Second, if you were the higher earning spouse, you should be pleased to know that the benefits your ex-spouse receives will have no effect on your Social Security entitlement.
You will receive the same amount of benefits, whether or not your ex-spouse elects to receive benefits based on your contributions.
Nor will it affect the benefits paid to other family members who apply based on your record of earnings and contributions.
Finally, if your ex-spouse was the higher earner during the marriage and he or she is now deceased, you can survivors' benefits based on your ex-spouse's contributions, so long as:
  1. You were married to your ex-spouse for at least 10 years;
  2. You are at least 60 years of age; and
  3. You are not presently married, or you remarried only after reaching 60 years of age.
When it comes to divorce, Social Security really is a silver lining.
Under the current rules and regulations, divorce and remarriage tends to increase the total payout of these benefits, without diminishing any one person's individual take.
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