Social Security Benefits Upon Divorce
Benefits for a Divorced Spouse
Social security benefits are received one of two ways: (1) they are paid upon retirement, based on contribution to the social security system or (2) paid to a spouse of the contributor. A person who is eligible for both will receive the higher benefit.
You must be married to a spouse ten years or longer in order to receive benefits through the spouse. The spouse must have worked 40 quarters and be at least age 62. A dependent spouse qualifies for derivative benefits by being age 62 and remaining unmarried after the divorce.
Impact on Remarriage
If the dependent spouse remarries she/he may not receive a benefit through a former spouse. However, if the dependent spouse divorces the second spouse, that dependent spouse again becomes eligible to take benefits through the former spouse. If a spouse has been married more than once and stayed married for ten years, that person may choose the higher benefit of the earners.
Benefits as Income
In a divorce, when computing income to determine spousal and/or child support obligations, social security benefits should be considered.
Resources
There is much to know about social security benefits, such as at what age do benefits begin; working after benefits start; what will a person receive at age 62, 65 or 67; what is the earliest date one is eligible, and more.
For more information you can ask for and receive additional information at www.ssa.gov and Internal Revenue Service (IRS) Publications 554 and 915.