How Does Divorce Affect Social Security Retirement Benefits?

Divorce can cause a tornado of emotions and questions that swirl, collide, and overwhelm.  With all the competing thoughts and emotions, social security benefits may be very low on your overall list of concerns when divorce is looming.

Part of the divorce process includes preparing yourself for financial security after the divorce is granted.  Social security benefits tend to get low priority and can be overlooked during divorce.  Despite this tendency, social security benefits directly impact your financial future.

Divorce affects social security retirement benefits in the following ways.

HOW DOES DIVORCE AFFECT SOCIAL SECURITY RETIREMENT BENEFITS IN NEW MEXICO?

When considering how divorce impacts social security benefits, the first step is to determine how your benefits compare to your ex-spouse’s benefits.

Are you receiving more in social security benefits than your ex-spouse? If so, you are not entitled to any additional benefits based on your ex-spouse’s work history.

Are you are receiving less each month in benefits than your ex? If so, you may be entitled to an increase in benefits based on your ex’s work history.

WILL MY SOCIAL SECURITY BENEFITS INCREASE BECAUSE OF MY EX-SPOUSE’S WORK HISTORY?

Maybe.  Upon divorce, you may receive increased benefits based on your ex’s work history, when:

• You are not currently married (even if your ex-spouse is remarried);
• The marriage lasted at 10 years or longer;
• You are 62 years or older;
• The benefit you receive as an ex-spouse is greater than the benefit you would receive based on your work history alone; and
• Your ex-spouse is entitled to Social Security retirement or disability benefits;

DOES CLAIMING MY EX-SPOUSE’S BENEFITS REDUCE THEIR BENEFITS?

No.  Your ex-spouse’s retirement benefits are not reduced when you claim society security benefits based on your ex’s work history.

WHAT HAPPENS IF MY EX-SPOUSE HAS NOT APPLIED FOR SOCIAL SECURITY BENEFITS?

You may still be able to file for increased benefits, based on your ex’s work history, even if your ex-spouse has not filed for benefits.

You are entitled to claim your ex-spouse’s benefits if you have been divorced for at least two years.

DOES REMMARIAGE AFFECT MY SOCIAL SECUIRTY BENEFITS?

Yes.  You cannot claim social security benefits, based on your ex-spouse’s work history, if you have remarried.  However, if you are no longer married at a later point (e.g., divorce or death), you may once again quality for benefits based on your former spouse’s work history.

HOW MUCH WILL MY EX-SPOUSE’S WORK HISTORY INCREASE MY SOCIAL SECURITY?

You are entitled to ½ of your ex-spouse’s full benefit if the divorced spouse begins drawing benefits at full retirement age.

You can claim ½ of your ex-spouse’s social security benefits without reducing the amount that they receive.

CAN MY SOCIAL SECURITY INCREASE FROM MULTIPLE EX-SPOUSES?

No.  Your social security benefits can only be increased from one ex-spouse’s work history.

HOW DO I APPLY FOR SOCIAL SECURITY BASED ON AN EX-SPOUSE’S BENEFIT?

You can apply for benefits by clicking HERE or by calling 1(800) 772-1213.

(505) SANCHEZ ANSWERS, “HOW DOES DIVORCE AFFECT SOCIAL SECURITY RETIREMENT BENEFITS?”

Are you going through a divorce in Albuquerque or across New Mexico?  Are you wondering, “How does divorce affect Social Security retirement benefits?”  Do you also have questions about dividing community assets/debts, spousal support? Matthew Legan Sanchez has the trial practice and experience to handle your issue.  Call (505) SANCHEZ to speak with an experienced and knowledgeable divorce attorney in Albuquerque, Rio Rancho, Los Lunas.