Divorce & Social Security Benefits Explained

Understanding Social Security Benefits After Divorce

When facing a divorce and questions about social security benefits in Grand Rapids, it is important to have experienced legal representation. Krupp Law Offices P.C. has over 85 years of divorce experience and offers free phone consultations to provide immediate answers and schedule appointments.

How Social Security Benefits Are Treated in Divorce

Many ask, “How are social security benefits divided in a divorce?” The answer is straightforward: a divorce judgment does not determine how social security benefits are received.

If you were married for at least 10 years, you may collect retirement benefits on your former spouse's Social Security record if you are at least 62 and your former spouse is entitled to or receiving benefits. Remarriage generally disqualifies you from collecting on a former spouse’s record unless the later marriage ends.

If your divorced spouse dies, you may receive survivor benefits if the marriage lasted 10 years or more. Benefits paid to a surviving divorced spouse aged 60 or older do not affect other survivors’ benefits.

Generally, survivor benefits are not available if you remarry before age 60 unless that marriage ends. If you remarry after age 60 (or 50 if disabled), you can still collect benefits on your former spouse’s record. At age 62 or older, you may receive retirement benefits on your new spouse’s record if higher. Remarriage does not affect benefits paid to your children.