What happens with Social Security when you divorce?

A divorced spouse may be eligible to collect Social Security benefits based on the former spouse’s work record. If the requirements are met, the divorced spouse can receive an amount equal to as much as 50% of their ex’s benefits.

Can I lose my Social Security benefits in a divorce?

When a couple gets divorced, pensions and retirement accounts are generally split in a procedure known as equitable distribution or asset division. Social Security retirement benefits are different. There is no procedure for including Social Security payments in the division of assets during a divorce.

Do I need to notify Social Security when I get divorced?

No, the Social Security Administration will not notify your ex-spouse that you are receiving the benefit.

Can I stop my ex wife from getting my Social Security?

First and foremost your marriage must have lasted for longer than ten years. It doesn’t matter if you meet every other benchmark that I am about to list- if you don’t meet this one then you cannot receive social security benefits based on your ex-spouse’s income.

Is Social Security considered income in a divorce?

Under federal law, Social Security benefits may not be divided as community or marital property upon divorce. Courts have held that Social Security benefits are a legal entitlement, and therefore are exempt from the property division process in divorce proceedings.

How does a divorce affect my Social Security benefits?

If you were receiving a spouse’s benefit while you were married (because you were 62 years old or older), this payment should not stop when you get divorced unless: you become entitled to a larger Social Security benefit under your own work record. Your payments will continue as a divorced spouse’s benefit.

How old do you have to be to get Social Security benefits if you are divorced?

If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record.

Can a divorced person still collect Social Security from an ex?

If you remarry while receiving benefits based on your ex-spouse entitlement, and that person is still alive, you will no longer be eligible for those benefits.

Do you get higher retirement benefits as a divorced spouse?

If your benefits as a divorced spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher divorced spouse benefit. Visit our Retirement Planner: If You Are Divorced for more information. Please call our toll free number at 1-800-772-1213 for further assistance.