Navigating Social Security Benefits Before, During, And After Divorce
A number of older individuals who have divorced or are contemplating divorce are concerned about the impacts of divorce on their Social Security benefits. This is especially the case for older individuals, who may have, since their divorce, remarried again, and now have questions as to whether they can obtain their divorced spouse’s benefits. Fortunately, remarriage typically does not disqualify someone from being eligible for a previous spouse’s benefits, as we discuss below. The Rules After Divorce If you divorced, but your marriage lasted 10 years or longer, you can receive benefits based on your ex if: Your benefit is less than your ex’s; Your ex is entitled to their disability or Social Security retirement; You are 62 or older; and You are unmarried. However, it is also important to remember that there are some exceptions to the marriage duration requirements when it comes to widows collecting benefits. For example, if a spouse’s death was accidental, you may be able to draw reduced benefits from the deceased spouse, and then switch to receiving benefits on the first spouse’s record at a later time (provided that the first spouse provides more beneficial benefits). This is beneficial if the first spouse has a higher benefit rate than the second spouse. If you start receiving benefits at your full retirement age, your benefit (as a divorced individual) will be one-half of your ex’s full retirement (or benefit). However, if you remarry, you cannot collect the benefits based on the former ex’s record unless that subsequent marriage ends (for example, by annulment, death, or divorce). Where Remarriage Ends in Death or Divorce Let’s take someone who remarries; where that remarriage ends in death or divorce: this person is still qualified to receive their divorced spouse’s benefits, even if that spouse was their first spouse (i.e. before their remarriage). In order for divorced spouses to receive spousal benefits, the high earning spouse must either be deceased, age 62, or already engaged in drawing benefits. Still, the individual who is seeking to collect the benefits needs to wait until they are full retirement age, or else they could risk receiving a reduced benefit. Full retirement age is typically around age 66, although it depends on the year you were born. After this age, it does not make sense to wait to file for your divorce to spouses benefits. Contact Our Florida Divorce Attorneys to Find Out More If you live in Florida and have questions about divorce—including how to protect yourself when it comes to Social Security benefits—contact our experienced Tampa divorce attorneys at HD Law Partners today to find out how we can help. We can guide you through what is necessary to help protect you, and provide you with the very best in experienced counsel. Resources : pbs.org/newshour/economy/making-sense/how-to-navigate-social-securitys-benefits-after-marriage-death-and-divorce ssa.gov/planners/retire/divspouse.html The Most Important Mistakes to Avoid During Divorce Posted in Divorce | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us