divorce

Divorce and Social Security

Posted on March 23, 2023 by - Divorce, Family Benefits

Divorce and Social Security

How does divorce affect Social Security retirement benefits?Divorce and Social Security

After a divorce, you can claim retirement benefits based on your own earnings record (if you have been employed and have accumulated enough credits over the years), or you can claim benefits based on your ex-spouse’s earnings record (whether or not you ever worked), provided that certain requirements are met.

What requirements must be met?

You may qualify for benefits based on your ex-spouse’s earnings record if all of the following conditions are met:

  • Your ex-spouse is currently entitled to receive Social Security retirement or disability benefits
  • You and your ex-spouse were married for at least 10 years before the divorce became final
  • You are not currently married
  • You are age 62 or older, and
  • You aren’t entitled to collect a retirement or disability benefit based on your own earnings record that equals (or exceeds) one-half of your ex-spouse’s PIA

If you are age 62 or older and you’ve been divorced for at least two years, you can receive Social Security benefits based on your former spouse’s earnings regardless of whether that spouse is already receiving benefits. This, of course, is assuming that the other four requirements listed above have been satisfied.

How much can you receive?

If you begin receiving benefits at your full retirement age (66 to 67, depending on your year of birth), your spousal benefit  is equal to 50% of your ex-spouse’s full retirement benefit (or disability benefit). For example, if your ex-spouse’s benefit at full retirement age is $1,500, then your spousal benefit is $750. However,  there are several factors that may affect how much you ultimately receive.

For example, if you’re eligible for benefits based on your own earnings record then the Social Security Administration (SSA) will pay that amount first. But if you can receive a higher benefit based on your ex-spouse’s record, then you’ll receive a combination of benefits that equals the higher amount.

When you  begin receiving benefits will also affect the amount you receive. You can receive benefits as early as age 62, but your monthly benefit will be reduced (reduction applies whether the benefit is based on your own earnings record or on your ex-spouse’s.)  This reduction is permanent. In other words, if you choose to receive reduced benefits at age 62, you will not be entitled to collect full benefits when you reach your full retirement age. If you decide to receive benefits later than your full retirement age, your benefit will   increase by 8% for each year you wait past your full retirement age, up until age 70 (increase  applies only if benefit is based on your own earnings record).

In addition, if you work after you begin receiving benefits (before you reach your full retirement age) and your earnings exceed the annual earnings limit that applies, your Social Security benefit may be reduced. Receiving a pension based on work not covered by Social Security may also result in a benefit reduction.

Note: If you decide not to collect retirement benefits until  full retirement age, you may be able to  maximize your Social Security income by claiming your spousal benefit first. The option to file a restricted application for spousal benefits  may be available to you if you were born on January 1, 1954 or earlier. By opting to receive your spousal benefit at full retirement age, you can delay claiming benefits based on your own earnings record (up until age 70) in order to earn delayed retirement credits. This can boost your benefit by as much as 32%. Because deciding when to begin receiving Social Security benefits is a complicated decision and may have tax consequences, consult a professional for help with your individual situation.

How does remarriage affect Social Security benefits?

If your ex-spouse gets remarried and you don’t, your Social Security entitlement will be unaffected.

If you remarry,  you generally can’t collect benefits based on your ex-spouse’s record unless your current marriage ends. Any spousal benefits you receive will instead be based on your current spouse’s earnings record.

What if your ex-spouse has died?

You may also qualify for Social Security survivors benefits based on your ex-spouse’s earnings record if your former spouse has died. You may qualify if:

  • Your ex-spouse was entitled to Social Security benefits
  • You and your ex-spouse had been married to each other for at least 10 years before the divorce was finalized
  • You are age 60 or over (or are between ages 50 and 60 and are disabled)
  • You aren’t currently married, and
  • You aren’t entitled to a retirement benefit that is equal to or greater than 100 percent of your deceased spouse’s benefit

Note that if you meet the above conditions, you will be entitled to full survivors benefits; that is, you will collect an amount equal to 100 percent of your former spouse’s PIA, not merely one-half. However, if you’re under full retirement age, your benefits will be reduced for each month you receive benefits under your full retirement age. Benefits at age 60 will be 71.5 percent of your former spouse’s PIA. It’s also important to note that a divorced spouse may be entitled to a mother’s or father’s benefit if caring for the dependent child (under age 16 or disabled) of his or her deceased former spouse. Typically, the amount of a mother or father’s benefit is equal to 75 percent of the deceased spouse’s PIA. Unlike a spousal benefit, it isn’t necessary for the marriage to have lasted 10 years.

For more information on how divorce may affect your Social Security benefits, contact the SSA at (800) 772-1213 or visit socialsecurity.gov.

Thank you for taking the time to read this article. We hope it has given you some insight into Social Security.  If you have any questions or would like more information, please feel free to contact us. We would love to hear from you. Our newsletter is a great way to stay up-to-date with our latest offerings and get helpful retirement planning tips. Signing up is easy; click here.

 

Broadridge Investor Communication Solutions, Inc. prepared this material for use by Social Security Benefit Planners, LLC.
Broadridge Investor Communication Solutions, Inc. does not provide investment, tax, legal, or retirement advice or recommendations. The information presented here is not specific to any individual’s personal circumstances. To the extent that this material concerns tax matters, it is not intended or written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Each taxpayer should seek independent advice from a tax professional based on individual circumstances. Social Security Benefit Planners, LLC  provide these materials for general information and educational purposes based upon publicly available information from sources believed to be reliable — we cannot assure the accuracy or completeness of these materials. The information in these materials may change at any time and without notice. Social Security Benefit Planners, LLC and its affiliates are in no way associated with or approved, endorsed, or authorized by the Social Security Administration.

Social Security Is a Lifesaver for Many Women

Posted on April 25, 2017 by - Social Security Benefits

How do Women collect Social Security?

Social Security a Women Lifesaver

Social Security is a retirement, disability and life insurance program and if you’re a Woman, this can be a lifesaver in retirement. It’s not that women are more interested in a financially secure old age than men. Americans of both sexes rely on Social Security for critical support in their retirement years, but for a variety of reasons, it’s often women who depend on it the most.

  • Longer lives – Women, on average, live longer than men. Without sufficient private retirement savings, this longevity can result in Social Security being the sole or majority source of income. The potential of running out of retirement savings is a problem that affects many retirees, but because of their longer life expectancy, more women end up counting on Social Security alone to support them.
  • Smaller paychecks – Sadly women on average don’t earn as much as men. They often work in fields that are lower-paid than those where men predominate, and even in the same job women frequently earn less than a man does in the same position. Fair? Maybe not, but it’s a fact. That makes it harder to save for retirement and reduces pension benefits, where they exist. As a result, Social Security often forms a greater part of women’s retirement income than men’s.
  • Fewer working years – Between raising children and caring for aging parents, women often take years out of their careers that men do not. While some men do choose to stay home with children or serve as caregivers for parents, it is far more likely that a woman will do so, statistically speaking. Since the formula that determines Social Security benefits is biased toward lower-earning workers, women get some protection from the hit they would otherwise take from a shorter work history.
  • Less other retirement income – Men are more likely than women to have pensions through their jobs, and to have larger pensions than the women who do qualify (partly because of women’s shorter work histories and lower wages). Without this additional income in retirement, women tend to be more dependent on the benefits they receive from Social Security than men are.

Social Security shouldn’t be your only plan for retirement income, but whether or not it is supplemented by private savings, if you’re a woman, it’s a critical component. Having a plan with your spouse before taking benefits can make a huge difference in how much money is available in retirement. Sign up today to have your own customized Social Security plan www.socialsecuritybp.com or info@socialsecuritybp.com.

Not associated with or endorsed by the Social Security Administration or any other government agency.

Social Security Myth #3: Divorce Always Costs You!

Posted on February 27, 2017 by - Divorce, Social Security Myths, Spousal Benefits

MYTH: If you’re divorced, your only option is to file for Social Security based on your own work record.

Luckily for many divorcees, this isn’t the case at all. If you were married for over ten years, you can still file for benefits as if you were married.  This means that as in Myth #2, you can receive up to half the amount of your ex-spouse’s retirement benefit.

If you do not remarry and your ex precedes you in death, the Social Security Administration considers you to be widowed. As a widow or widower, you are eligible to receive the full benefit that your ex-spouse earned – just as if you had still been married at the time of his or her death.

Some divorcees worry that collecting the benefits to which they are entitled will cause resentment, either in the ex-spouse or his or her subsequent spouse (or spouses). The common assumption is that if one ex-spouse is receiving benefits, that will negatively impact the amount other current or previous spouses can receive, or even prevent them from receiving benefits at all.

There’s nothing to worry about, because everyone who can collect Social Security benefits based on a previous or current marriage to someone who is vested into the system does so independently. Even if your ex-spouse married several other people after you divorced, it doesn’t matter. If each marriage lasted over ten years, all the previous spouses – and the current one as well – will be able to collect the full amount of spousal or widower’s benefits.

If the marriage didn’t last for ten years, however, there is no benefit for an ex-spouse. Here is to your fantastic retirement!

Not associated with or endorsed by the Social Security Administration or any other government agency.

Social Security Myth #2: You Didn’t Pay In, You Can’t Collect

Posted on February 21, 2017 by - Social Security Myths, Spousal Benefits

social security myth

MYTH: If you are married and were a non-working spouse or did not have enough work credits to qualify on your own, you are not eligible for Social Security.

It seems obvious enough. If you didn’t pay into the system, you can’t collect from it. Fortunately for many homemakers, that’s not how it works in all cases. Social Security has protections in place for spouses that raised children or otherwise didn’t pursue a career while their husbands (or wives) earned the household income.

While both spouses are living, the non-working spouse can collect up to half the amount of the working spouse’s full retirement age benefit. If widowed, the non-working spouse will receive the full Social Security benefit that the deceased spouse was receiving.

If both spouses qualify for benefits based on their individual work histories, the one with the lower benefit will receive additional Social Security income for a total benefit amount equal to one half the amount received by the higher-earning spouse.

To be eligible for Social Security, an individual must have paid into the system for at least 40 quarters, paying Social Security taxes through payroll withholdings or directly to the IRS. That means at least ten years of paid work.

Social Security reviews the last 35 years of work history to determine your benefit amount, and zero income years will take your benefits down. If you own a business and your spouse assists you in running it, make sure to pay for the work – at least $5,200 a year. This will allow your spouse to earn Social Security credits and become fully vested in the system, which means more income in retirement for both of you.

Not associated with or endorsed by the Social Security Administration or any other government agency.