Gray Divorce and Social Security Benefits

Senior woman meeting with agentGray Divorce is a name for an increasingly popular phenomenon of baby boomers getting late in life divorce. Late in life divorce has various special issues and concerns, one of them being Social Security benefits. Some are concerned, is it true if you get divorced you will lose Social Security Benefits? The answer is no; you are still entitled to Social Security benefits in some situations.

In reality, you do not need to be married to receive spousal or survivor benefits. The spousal support or survivor benefits you receive are based on your ex’s earning history, which can be beneficial if your spouse made more money than you.

You can receive retirement benefits from your former spouse’s Social Security record without reducing your former spouse’s benefits after your divorce, as long as you were married for 10 years or more before your divorce and you are 62 or older. Some other facts about Social Security benefits after divorce you should know are:

  • You may be able to draw benefits of up to 50% of your former spouse’s benefit.
  • You can receive benefits on your ex-spouse’s record even if they get remarried.
  • You can begin receiving retirement benefits at age 62 on either your own Social Security record or on your former spouse’s record. You can then switch to the other benefit when you reach full retirement age, if you desire to do so because the other benefit is higher.
  • Your ex probably won’t know you are collecting benefits off of their record. The Social Security Administration (SSA) does not provide any kind of notification to them, though the SSA may contact your ex-spouse for additional information.
  • If you’ve had multiple marriages, the SSA will ensure you receive the highest possible benefits from those records, as long as you had been married to each spouse for at least 10 years.
  • One individual can have multiple people collecting benefits from their earnings history, as long as they had been married to each person for at least 10 years.
  • Once you have been divorced for at least two years, you will be entitled to benefits through your former spouse, even if your former spouse is eligible but not yet receiving benefits.

If your former spouse dies, you may be eligible to receive survivor benefits of 100 percent of your former spouse’s Social Security benefit. To receive those benefits, the basic requirements are:

  • your marriage lasted at least 10 years
  • you are at least 60 years old
  • you are not entitled to retirement benefits equal or greater than that of your former spouse’s benefit.

In general, you have to have been married for at least 10 years to receive all the benefits available. It is important to note that there are no situations or divorce decrees that can allow your spouse to “cut you off” or stop you from receiving your benefits, as long as you meet all the appropriate conditions. For more information about Social Security, visit the SSA website.