Social Security Benefits for Divorced Spouses

Many people who receive Social Security retirement benefits aren’t aware that certain members of their family might also be eligible to receive benefits on their record. If a spouse, ex-spouse, or child meets certain requirements, they can receive a monthly payment of up to one-half of the retirement benefit amount they are attached to. It’s important to note that when an eligible family member receives Social Security payments, the other recipient’s benefits won’t decrease.

How to Collect Social Security From an Ex-Spouse

If you are divorced and want to collect Social Security benefits based on the earnings of your ex-spouse, you must meet the following requirements:

• You are at least 62 years old
• You are currently unmarried
• You divorced someone entitled to Social Security retirement or disability benefits
• You were married to your ex-spouse for at least 10 years

What If I Remarried?

If you remarried, you can’t collect benefits under your ex-spouse’s record unless your second marriage was annulled, dissolved through divorce, or the second spouse passed away. If you’re entitled to benefits on your own employment record, the benefit amount must be less than you would receive if you used your ex-spouse’s work record. The Social Security Administration will pay the higher of the two benefits you qualify for, but they won’t pay for both.

Gray Divorce Attorneys

At McKinley Irvin, our team of highly skilled attorneys understand that divorcing your long-term spouse can be complicated, especially when it comes to matters like retirement, assets division, and Social Security benefits. The experienced gray divorce attorneys at our firm are committed to providing exceptional client service and achieving an optimal outcome for each of our clients.

To schedule a consultation with our firm, please call 206-397-0399 or contact us online.