10 Social Security Facts Women Should Know About Divorce

Social Security may not be the first thing that comes to mind when thinking about divorce.

Depending on your age and circumstances, it may not feel especially relevant right now. Or retirement may be getting closer, making Social Security a more immediate part of your financial picture.

Either way, it can be helpful to have a basic understanding of how Social Security works after divorce. Not because you need to know every rule or have every decision figured out today, but because the right information can be valuable when the time comes to make decisions about your retirement income.

Here are 10 Social Security facts worth knowing before, during, and after divorce.

1. You May Be Eligible for Benefits Based on Your Former Spouse’s Work Record

One of the more surprising Social Security rules after divorce is that you may be eligible for benefits based on your former spouse’s work record.

If you meet Social Security’s requirements, you may qualify for what is called a divorced spouse benefit. At full retirement age, that benefit can be as much as 50% of your former spouse’s full retirement benefit, depending on your individual circumstances.

This can be especially meaningful for women who earned less during the marriage or spent time away from the workforce to raise children, care for family, or support a spouse’s career.

The 50% amount is not automatic, and what you may receive depends on your individual circumstances. But simply knowing this benefit exists is important.

Your own work history may not be the only record to consider when the time comes to look at your Social Security options.

2. The Length of Your Marriage Matters

10 years is an important threshold.

In general, your marriage must have lasted at least 10 years to qualify for divorced spouse benefits based on your former spouse’s work record.

The length of the marriage is only one requirement, so being married for at least 10 years does not automatically mean you will qualify.

It is also helpful to know that your former spouse’s remarriage generally does not affect your eligibility for divorced spouse benefits.

3. You Generally Don’t Receive Two Full Benefits

Another point that can be confusing is what happens if you qualify for Social Security based on both your own work history and your former spouse’s.

You generally do not receive two full benefits.

If the benefit available based on your former spouse’s record is higher than your own retirement benefit, Social Security may pay an additional amount that brings your total benefit up to the higher amount for which you qualify.

Put simply, the two benefits generally do not get added together in full.

That is why it can be helpful to understand what may be available based on both records. The benefit shown on your own Social Security statement may not tell the entire story.

4. Survivor Benefits Work Differently

There is another set of Social Security rules that may apply if your former spouse passes away.

An eligible surviving divorced spouse may qualify for survivor benefits based on the deceased former spouse’s Social Security record. Depending on your circumstances and the age when benefits begin, you may be eligible for a survivor benefit of up to 100% of your deceased former spouse’s benefit.

That is different from a regular divorced spouse benefit, which can be up to 50% of a former spouse’s full retirement benefit.

This distinction may not be relevant to you today, and hopefully it will not be for a long time. But knowing that survivor benefits are different can be helpful if your circumstances change in the future.

5. Remarriage Can Affect Survivor Benefits

Social Security also has specific rules around remarriage.

In general, remarriage after age 60 does not prevent an eligible person from receiving survivor benefits based on a deceased former spouse’s record. Remarriage before age 60 can affect eligibility, although there are exceptions.

This may or may not become part of your story after divorce. If it does, it is simply helpful to know that remarriage can affect certain Social Security benefits.

6. When You Claim Survivor Benefits Can Affect the Amount

The age when you begin receiving survivor benefits can affect how much you receive each month.

Survivor benefits may be available before full retirement age, but beginning them earlier can result in a reduced monthly benefit.

That does not necessarily mean waiting is always the better choice.

There may be reasons why receiving the income sooner makes sense. Whether you are working, what other income you have available, and your overall financial circumstances can all be part of that decision.

The helpful thing to know is that you may have options. When the time comes, understanding what those options look like at different ages can help you make a more informed choice.

7. If Your Spouse Was the Primary Earner, Timing Can Matter

For some women, years spent raising a family, caring for loved ones, or supporting a household meant spending less time in the paid workforce. As a result, their own Social Security benefit may be smaller than the benefit available through a former spouse’s work record.

If this applies to you, when you claim can make a difference. Claiming a divorced spouse benefit before your full retirement age can reduce the monthly amount, while waiting until full retirement age may allow you to receive the full divorced spouse benefit you are eligible for.

8. Social Security Can Explain Your Benefits, but It Won’t Create a Personal Strategy

The Social Security Administration can help you understand which benefits you qualify for and provide information about the amounts available to you.

What it cannot do is look at your entire financial situation and determine how Social Security should fit with your other resources.

After divorce, that bigger picture can look different than it once did.

Social Security may be one source of retirement income, alongside retirement accounts, investments, pensions, or other income. Taxes and spending needs can also be important to consider when deciding when to begin receiving benefits.

Knowing what Social Security benefits are available is an important first step. From there, those benefits can be considered alongside the rest of your financial picture.

9. The Rules Have Changed for Some Government Pension Recipients

If you receive a government or public-sector pension, information you heard about Social Security in the past may no longer apply.

The Social Security Fairness Act eliminated two provisions known as the Windfall Elimination Provision and Government Pension Offset. These rules previously reduced Social Security benefits for some people who received pensions from work that was not covered by Social Security.

What is helpful to know is that if a government pension affected your Social Security benefits in the past, the benefits available to you may look different under the current rules, depending on your individual circumstances.

If this applies to you, getting updated information can give you a clearer understanding of what benefits may now be available.

10. Your Benefit Does Not Reduce Your Former Spouse’s Benefit

The phrase “based on your former spouse’s record” can make it sound as though your benefit is somehow coming out of theirs.

It isn’t.

If you qualify for a divorced spouse benefit, receiving it does not reduce the Social Security benefit your former spouse can receive.

It also is not an asset that needs to be divided between the two of you as part of a divorce settlement.

Social Security determines your eligibility and benefit separately under its own rules.

With so many financial matters that may need attention during divorce, it can be reassuring to know that this is not another benefit that needs to be divided or negotiated between former spouses.

Keeping Social Security on Your Radar

Social Security may be something you are thinking about now, or it may not become important for several more years.

There is no need to memorize every age, percentage, or eligibility requirement.

As retirement gets closer or life changes, you can find out what you qualify for and consider how Social Security fits with your other financial resources.

Like many financial decisions surrounding divorce, it can be easier to make sense of Social Security when you take it one piece at a time.

At Purposeful Wealth Advisors®, we work with women who are considering divorce, going through the process, and moving forward afterward. If you would like help understanding your financial picture and how the decisions in front of you may affect the years ahead, a Clarity First™ meeting can be a comfortable place to begin.

This content is for informational and educational purposes only and does not constitute individualized investment, tax, legal, or Social Security advice. Social Security eligibility and benefits depend on individual circumstances and applicable rules. Clarity First™ is a service mark used by Purposeful Wealth Advisors®, a trade name of Keating Financial Advisory Services, Inc. (KFAS), a Registered Investment Advisor, to describe its proprietary advisory process. The ™ symbol indicates a claimed mark that is not federally registered. Clarity First™ is an internal methodology and does not guarantee results or imply superiority over other investment approaches. This content is provided for informational purposes only and should not be considered personalized investment, legal, or divorce advice. Advisory services are offered through KFAS under a written agreement. Social Security rules are subject to change. For current eligibility requirements and benefit information, consult the Social Security Administration at SSA.gov.