Divorce and Social Security

Social Security is the main source of income for over 70 percent of retirees, many of whom are unmarried as a result of a divorce. Unfortunately, financial advisors rarely focus on how divorce can negatively affect their clients’ retirement plans.

Communications director for the Social Security Administration, Leslie Walker, encourages divorced individuals to research the rules regarding spousal and survivor benefits. Walker says that many divorced people make errors that can decrease their Social Security benefits.

Generally, you are eligible to receive spousal benefits if you were married to someone for at least 10 years who paid into Social Security. Eligibility is not affected even if you are currently divorced from this individual. If you claim these benefits at your full retirement age, you are generally given 50 percent of your former spouse’s Social Security benefits. If you worked for at least 10 years and also paid into Social Security during that time, you may be able to receive your own benefits.

However, you cannot claim spousal benefits as well as your personal work record benefits, but you are allowed to choose the benefit option that grants you with the largest amount of money. It is important to note that, if you remarry before you turn 60 years old, you are not eligible to claim benefits from a former spouse.

You are entitled to survivor benefits that equal 100 percent of your former spouse’s benefits if he or she died prior to claiming Social Security. If you remarried and divorced after the death of a spouse, you are also eligible for spousal benefits from your second marriage. However, you cannot claim both benefit options, but you can choose the option that provides you with the most money.

Source: Los Angeles Times, “Divorce can complicate Social Security claims,” Kathy M. Kristof, 3/6/2011