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Social Security Benefits In Divorce

A divorce spouse is entitled to the same Social Security benefits as a non-divorced spouse, provided that the marriage had lasted for 10 years.  However, if the divorced spouse remarries, the benefit is automatically terminated. 

WHEN BENEFITS CAN BE RECEIVED

Divorced spouse can get benefits at age 65, or a reduced benefit at age 62, so long as the former spouse is eligible for benefits at that time. 

The Former spouse does not have to be currently drawing Social Security for the divorced spouse to initiate receiving Social Security benefits. 

AMOUNT OF BENEFIT

Divorced spouse benefit is equal to ½ of the worker benefit. 

The maximum worker benefit, if fully insured, is currently about $18,432 per year if age 65.

Source:  Guide to Social Security and Medicare - 2002

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Last modified: 05/11/10