Firm Overview
- How Does Getting Divorced Affect My Right To Collect Benefits Under My Former Spouse's Social Security?
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If you were married 10 years or more, you can still collect benefits under your former Spouse's Social security, when you reach age 62 and your former spouse is entitled to or receiving benefits. You will receive one/half of the amount they are entitled to receive.
- Does This Affect The Amount My Former Spouse Collects?
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No, it does not. They will still collect the full amount to which they are entitled.
- Can I Collect Social Security Under My Own Record As Well As My Former Spouse's Record?
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No. You must choose which benefit would be higher for you; either the payment you would receive, based upon your own work record, or the payment you would receive based upon your former spouse's working record. For partners who were the "stay-at-home" spouse during the marriage, they would want to collect under their former spouse's earnings record.
- How Does Remarriage Affect My Right To Collect Benefits Under My Former Spouse's Record?
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If you remarry, you generally cannot collect these benefits unless your later marriage ends (by death, divorce, or annulment).
- What Happens To My Benefits When My Former Spouse Dies?
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If your marriage lasted 10 years or more, you can collect widow/widower benefits when your former spouse dies. Benefits paid to you will not affect the benefit rates for other survivors receiving benefits (such as if your former spouse remarried).
- How Does My Remarriage Affect My Surviving Spouse Benefits?
- How Does My Own Retirement Affect My Survivors Benefits?
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If you are collecting survivors benefits when you retire, you can switch to your own retirement benefits (if you are eligible and the payment is higher than the survivors benefits) as early as age 62. Often you can begin receiving retirement benefits on your own or your spouse's record at age 62 and then switch to the other benefit when you reach full retirement age, if that amount is higher.
- Do I Need to Tell Social Security that I Changed My Name At the Time of Divorce?
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Yes. Be sure to tell both Social Security and your employer. This ensures that your earning are properly reported by your employer and recorded in Social Security records. You can get a new card from Social Security with your new name.
For additional questions contact a Social Security representative at 1-800-772-1213 between 7 a.m. and 7 p.m., Monday through Friday.
Generally, you cannot receive surviving spouse benefits if you remarry before age 60, unless the later marriage ends by death, divorce, or annulment. If you remarry after age 60, you can still collect benefits on your former spouse's record. Your remarriage would have no effect on the benefits being paid to your children.