Written/Reviewed By:
Barry S. Kantrowitz, Esq.Last Updated: Jan 21, 2019
Read Time: 3 mins
Social Security can be an important benefit for older people because it supplies income once one has retired. In general, people become eligible at the age of 62, although benefits taken then are lower than they will be at full retirement age (FRA). FRA is reached between 65 and 67, depending on the year of their birth. (For people born between 1943 and 1954, for example, the FRA is 66.) The Social Security benefit amount rises roughly 8% per year if you work and contribute longer, up to the age of 70. There is no increase past the age of 70.
Will a divorce impact your Social Security benefits? Yes, there are multiple impacts, depending on your situation. Length of the marriage, whether you have worked, how much you made vis-à-vis your spouse, and remarriage are all factors that can affect your benefits.
If Your Spouse Is Eligible for a Higher Benefit
In general, the higher-earning spouse is eligible for a higher benefit, as Social Security benefits are on a sliding scale based on one’s earnings.
If you are divorced, you may be able to collect Social Security benefits based on the work record of a higher-earning spouse, provided that you 1) are not currently married; 2) were married to the spouse for a minimum of 10 years; 3) both of you are at least 62 years old; 4) they are eligible for Social Security; and 5) you have been divorced for a minimum of two years.
The spouse doesn’t have to have taken Social Security for you to be eligible. If your spouse has remarried, there is no effect on your Social Security benefit rights, or that of the spouse and their new spouse.
Bear in mind that you may receive only half of your divorced spouse’s Social Security benefit if you take benefits before your FRA.
If You Are Eligible for a Higher Benefit
If you are eligible for a higher benefit, you will receive your own Social Security benefit rather than your spouse’s. No one can receive both their own Social Security benefit payments and that of a spouse. You will automatically receive the higher of the benefits.
If You Remarry
If you have remarried since you divorced, you are not eligible for a divorced spouse’s benefit unless your remarriage ends as well. If it does, and both marriages lasted over a decade, you will can receive the larger of the two ex-spouse’s Social Security benefit.
If Your Divorced Spouse Dies
If your divorced spouse dies, you are eligible for survivor benefits as long as your marriage lasted 10 years. If it did not, you are not eligible for survivor benefits.
Survivor benefits are equal to what your ex-spouse would have received had they lived.
If you marry again before the age of 60, you will lose your eligibility unless that marriage ends. Remarriage after you’re 60 has no effect on survivor benefits.
If You Need a Divorce Attorney in New York or New Jersey
Because all these factors are complex and variable, it is a good idea to consult a lawyer to make sure you know what Social Security benefits you are entitled to.
At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., divorce lawyers have been helping clients in New York and New Jersey for over four decades. Call us today to schedule a consultation.
Additional Resources:
- Miller, Jim T. How Divorce Can Affect Your Social Security. Huffington Post. January 23, 2014. https://www.huffingtonpost.com/jim-t-miller/how-divorce-can-affect-yo_b_4251411.html.
- Thornton, Russ. How Divorced Women Can Get More From Social Security. Wealthcare for Women. December 4, 2012.
Get in Touch
"*" indicates required fields
Posted on Google
LWelsh22 days agoTrustindex verifies that the original source of the review is Google.
Clever and efficient.Posted on Google
Kenny Perlow43 days agoTrustindex verifies that the original source of the review is Google.
KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.Posted on Google
Aliza Ali107 days agoTrustindex verifies that the original source of the review is Google.
My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.Posted on Google
Jana Montero110 days agoTrustindex verifies that the original source of the review is Google.
I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!Posted on Google
Mike Sakmann116 days agoTrustindex verifies that the original source of the review is Google.
I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.Posted on Google
Liz Hecker122 days agoTrustindex verifies that the original source of the review is Google.
I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.Posted on Google
Brandy Miller145 days agoTrustindex verifies that the original source of the review is Google.
Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for herPosted on Google
Mike Greenspan158 days agoTrustindex verifies that the original source of the review is Google.
Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.Posted on Google
Jonathan Sampson165 days agoTrustindex verifies that the original source of the review is Google.
Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommendPosted on Google
Vinnie Kung168 days agoTrustindex verifies that the original source of the review is Google.
We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!