Social Security and Divorce

Social Security benefits are often an important component of retirement planning for individuals. In a divorce, it's important to consider the availability and nature of benefits resulting from the marriage. In some cases, a divorced spouse may be eligible for spousal Social Security benefits based on their ex-spouse's earnings record. A divorced spouse may qualify for spousal Social Security benefits based on their ex-spouse's earnings record if the marriage lasted at least 10 years, the divorce occurred after the 10-year marriage requirement was met, the claimant has not remarried, and the ex-spouse is at least 62 years old and entitled to receive full Social Security benefits. If a divorced spouse remarries before reaching age 60, they will generally lose their eligibility for spousal benefits based on their ex-spouse's earnings record. The amount of spousal benefits that a divorced spouse receives will depend on their ex-spouse's earnings record and the age at which they start receiving benefits.

These benefits can provide financial security, especially if the divorced spouse has not worked or has a low-earning capacity. If there are children from the marriage, they may be eligible for child Social Security benefits based on their parents' earnings records. The parent must be receiving Social Security benefits based on their own earnings record or on the earnings record of a deceased parent. The amount of child Social Security benefits a child receives will depend on the earnings record of the parent who is providing the benefits and the number of children eligible for benefits. If there are multiple children eligible for benefits, the total amount of benefits will be divided equally among them.These benefits can continue until the child reaches the age of 18, or up to age 19 if they are full-time students, with some exceptions.