Divorce is a troubling time for those involved as doubt and uncertainty replace the known quantity of marriage. In particular, the financial future of the former spouses is usually thrown into chaos as questions arise over rights to retirement funds and other assets. But what about social security benefits? The answer is that sometimes a former spouse will be able to take advantage of the other spouses benefits but requires a marriage lasting at least ten years. Once this threshold is crossed then a right to survivor and other spousal benefits accrues with the ex although the primary benefits of the wage earner will not be diminished. All other normal requirements, such as age, must still be met for the ex-spouse to claim the payments although they can also be lost as well. If the ex remarries before age 60 then the right to the benefits ceases although marriage after 60 will not extinguish any rights. Due to the importance of Social Security in the retirement plan for most Americans it is important for an ex-spouse to know their rights when it comes to old age benefits.
See Dan Caplinger, Can My Ex Take My Social Security Benefits?, My San Antonio, March 28, 2016.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
