High-Quality Representation
With A Personal Touch

Am I entitled to my husband’s Social Security if I get divorced?

On Behalf of | Aug 15, 2024 | Divorce

Divorce is complicated, especially when it comes to finances and future benefits. A common concern for spouses is whether they’re entitled to a share of their partner’s Social Security benefits after a divorce. Understanding Social Security entitlement can help make it easier to come to informed decisions during a challenging time.

Eligibility requirements for spousal benefits

To be eligible for a portion of your ex-husband’s Social Security benefits, you must meet certain conditions. First, your marriage must have lasted at least 10 years. If your marriage was shorter, you would not qualify for spousal benefits. Additionally, you must be at least 62 years old and currently unmarried to claim these benefits.

 

Another critical factor is your own Social Security benefits. If you are eligible for benefits based on your work record, you may only receive spousal benefits if they exceed the amount you would receive from your own earnings. In these cases, Social Security will pay you the higher amount.

How much can you receive?

If you meet the eligibility requirements, you could receive up to 50% of your ex-husband’s full retirement benefit after your divorce. However, this does not reduce the amount your ex-husband receives. It’s important to note that if you start receiving benefits before reaching full retirement age, you’ll receive reduced pay.

What happens if your ex-husband remarries?

If your ex-husband remarries, it does not affect your ability to claim spousal benefits based on his work record. His new spouse may also be eligible for benefits, but this does not impact what you receive.

Moving forward

Making sense of Social Security benefits after your divorce isn’t easy, but knowing your rights and eligibility can help make things a little clearer. It may seem daunting, but it’s important to be aware of these rules to plan for your financial future.