About Social Security Benefits After Divorce

Social security is a government mandated program that requires employees to contribute a portion of their wages. This money is most often distributed at retirement or to qualified surviving members upon the employee's death. There are specific rules and qualifications for social security benefits after divorce.

Requirements

If you are divorced, your ex- spouse can collect your social security benefits as long as you were married for at least 10 years, you have been divorced for at least two years, you are at least 62 and unmarried and you are not eligible for a higher benefit.

Death Benefits

If you die, your former spouse may receive your social security as long as you were married for at least 10 years and she is at least 60. Each survivor receives 75 to 100 percent of your benefits but no more than 180% of your benefit rate.

Disability

If you die and your former spouse is disabled or cares for a disabled child, she can collect social security benefits immediately, regardless of age.

Benefits

A divorced widow or widower's social security benefits will not affect other's collecting the deceased's social security benefits, unless your child is under the age of 16 or disabled.

Remarriage

If you remarry and your ex-spouse dies, you will only qualify for their benefits if you remarried after 60 (50 if disabled). If you remarried prior to 60, but divorce, you may become eligible.

Considerations

Upon your ex-spouse's death, apply for benefits immediately. Contact the SSA for more information.

Resources

• SSA Publication No. 05-10024