How Divorce Affects Social Security Benefits

IL divorce lawyerApproximately 169 million Americans pay Social Security taxes and 61 million collect benefits to support themselves and their families. If you are going through a divorce, you may be concerned about your financial future and wondering what will happen to your Social Security benefits. Keep reading to find out.

Can Ex-Spouses Receive Social Security?

Contrary to popular belief, your ex-spouse does have the right to receive Social Security benefits as long as the following requirements are met:

  • Your marriage lasted for at least 10 years.
  • Your ex-spouse is not married.
  • Your ex-spouse is at least 62 years of age.

It is important to understand that if your ex-spouse applied for Social Security based on their work, they would be able to collect less than they would if the Social Security was based on your work.

In the event you remarry, your ex-spouse will be able to continue to receive Social Security. However, if your ex-spouse remarries, they are no longer eligible to collect benefits on your record. They will only be able to do so if their marriage ends.

Understand that these rules apply regardless of whether a marriage is over because of a divorce or death. As soon as it has come to an end, your ex-spouse has the right to begin receiving Social Security on your record again.

You may be surprised to learn that your ex-spouse can receive Social Security on your record even if you have not applied for these benefits. If you meet the qualifications for Social Security, your ex-spouse can receive them on your record if you have been officially divorced for a minimum of two years.

How Will Divorce Impact Your Social Security?

It is common for divorced individuals to worry about their ex-spouse claiming their Social Security benefits. Keep in mind that the division of marital assets and Social Security benefits are different. The Social Security Administration explains that the fact that your ex-spouse is receiving benefits on your record will not affect how much money you will receive each month. You can enjoy the peace of mind in knowing that you do not have to accept a lower monthly check just because you are divorced.

Contact a Highly Skilled DuPage County Divorce Attorney

Although divorce will not have a negative impact on your Social Security benefits, it may hurt your finances for other reasons. To protect your financial future, schedule a consultation with our experienced Hinsdale divorce attorneys. Contact us at 630-920-8855 today.


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