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FAQ's -- and Answers -- About Social Security At Divorce

SOCIAL SECURITY AT DIVORCE – DOWN AND DIRTY

SOCIAL SECURITY AT DIVORCE – DOWN AND DIRTY

 

Excerpted From "The Survival Manual For Women In Divorce" and

"Survival Manual For Men In Divorce"

 

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Because so many people depend on Social Security payments to supplement their retirement, it makes sense to address this issue in your settlement. We'll talk about this often overlooked aspect of divorce, and you may discover that you're entitled to your spouse's Social Security - even if you didn't work outside the home.

 

 

If I have never worked, will I get Social Security?

 

If your spouse has worked and if you have been married for 10 years or more, then you are entitled to one-half of your spouse's Social Security or your own, whichever is higher.

 

If I worked for 5 years and have a very small amount in my Social Security account, how much Social Security will I receive at retirement?

 

If you were married for 10 years or more, you are entitled to half of your spouse's Social Security or yours, whichever is higher. You may make this choice at the time that you apply for your Social Security.

 

As the wife who has been married for 10 years, if my husband gets remarried, will I still be eligible for half of his Social Security?

 

If your husband gets remarried after you have been married for 10 years, you will still be entitled to half of his Social Security.

 

Will that reduce his Social Security?

 

No. It will not. Assume that he is entitled at age 65 to receive $750/mo in Social Security. He will still be able to get his $750/mo. You will be able to receive $375/mo.

 

As the wife who has been married for more than 10 years, and I get remarried, will I be able to receive half of my first husband's Social Security?

 

You now have a new husband and you are no longer entitled to your first husband's benefits. The exception to this is that if you are married to your second husband 10 years or longer and then get divorced, you will be able to receive half of his Social Security upon retirement or half of your first husband's or your own account, whichever is higher. You have that choice at the time of retirement.

 

As a nonworking wife who has been married for 10 years or more, what happens if, after the divorce, my husband dies before he turns 65?

 

If you have not remarried by age 60, you will get his full Social Security benefits.

 

 

© Carol Ann Wilson, Certified Financial Planner, and Edwin Schilling, III, Attorney at Law, Authors of "Survival Manuals"

 

 

 



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