Divorce in Retirement: Does Divorce Impact Social Security Benefits?

Like changes that happen when you get married, you'll want to pay attention to how divorce and remarriage affect your Social Security and retirement planning. For instance, you must report a name change to the Social Security Administration (SSA). Remarriage will affect survivor benefits.

Ensure you understand your rights and take care of potential issues immediately during a divorce. As with any major family change, you may want to review your beneficiaries and financial future.

How Much Social Security Does an Ex-Spouse Get?

This is essential to know during your divorce financial planning. You must get your spouse's or ex-spouse's Social Security retirement benefits statement to understand what exists in their retirement savings. This is especially important if you have no earnings record or work history.

When you reach full retirement age (FRA), you will get unreduced or full benefits and 50% of the retirement savings account. If you have your own work record benefits, you will typically receive that amount first. You will also get money from your spouse's record if your spouse has a higher benefit.

The full retirement age is 67 for anyone born after 1960. You can ask to receive Social Security benefits as young as 62 years old, but you'll get a lower amount. You might be eligible for delayed retirement credits if you or your spouse delay your retirement age. These increase your monthly benefit.

Can You Continue to Collect Social Security After Divorcing Your Spouse?

You can only collect Social Security after divorcing your spouse if:

• Your marriage lasted 10 years
• You have not remarried*
• Your ex is eligible to collect Social Security or disability benefits
• Your own retirement benefits are less than your ex-spouse's benefits
• You are at least age 66 or older
• You have been divorced for at least two years

*Getting remarried after divorce will usually cancel out your previous spouse's benefits.

How Is Social Security Divided During a Divorce?

Social Security can be divided in many ways. Still, it is typical for each spouse to get 50% of the retirement account. Social Security rules may apply, or you may qualify for a higher amount or more benefits. Divorcees need to talk with an attorney to understand divorced spouse benefits.

A delayed retirement can change when you get your benefits and how much they will be. Delayed retirement is better than early retirement, so your gifts are not reduced.

Social Security Benefits and Child Support

Under Section 459 of the Social Security Act, your benefits can be curtailed to compel you to pay child support. They can also be withheld to force you to pay alimony or other forms of restitution. The SSA provides more information about the garnishment of social security benefits.

What Happens If I Remarry?

Generally, you cannot collect benefits on your ex-spouse's record unless your second marriage ends by annulment, divorce, or death.

Your SSI benefits payments may change based on your new spouse's work record. If your new spouse is collecting benefits and you would receive a higher amount than what you qualify for based on your work record, you will receive the higher amount.

Married Couples and Social Security Benefits

Both spouses in a married couple may collect social security benefits at the same time. The amounts you can collect are determined as a factor of what you've historically declared on your joint returns and whatever is reflected in your returns before your marriage. This should be factored into any retirement plans you and your spouse are making.

The possibility of your spouse dying is an important consideration. Keep your own records, including tax returns and any other documents related to financial planning.

Can You Collect Social Security From a Deceased Spouse?

Yes, you will get their full retirement benefit if your ex-spouse dies. You will need to provide a copy of your decree of divorce if you pursue your deceased ex-spouse's benefits.

You will receive Social Security when you retire at 62 or older. Delaying your Social Security until 65 or 67 ensures you get the total amount (retiring before 67 can result in up to 15% fewer benefits until you reach age 67).

How Divorce Affects Survivors' Benefits

If your divorced spouse dies, you can receive widower/widow benefits if the marriage lasted 10 years or more. But you won't have to meet the length-of-marriage eligibility requirement if you care for your deceased ex-spouse's children younger than 16 or disabled. Benefits paid to a surviving divorced spouse who is 60 or older will not affect the benefit rates for other survivors receiving benefits.

Remember that your ex-spouse's family won't be notified if you apply for survivor benefits through the SSA. Also, there's no limit to how many people may apply for benefits from a single Social Security account.

How Remarriage Affects Survivors' Benefits

You can't receive Social Security survivor's benefits if you remarry before 60. If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse's record.

When you reach age 66, you may get retirement benefits from your new or current spouse's record if it is higher. Your remarriage would not affect the benefit amount being paid to your children.

How Your Name Affects Your Tax Filings

In preparation for a new marriage, you may get so busy with wedding plans that taxes and Social Security numbers are the furthest things from your mind. But they’re worth considering. There can be benefits from filing a joint tax return with your new spouse. At the same time, you probably don’t want to split your tax return with your recent ex.

Newlyweds and those recently divorced should make sure that the names on their tax returns match those registered with the Social Security Administration. A mismatch between a name on the tax return and a Social Security number (SSN) could unexpectedly increase a tax bill or reduce the size of any refund.

For many newly married people, the tax scenario begins when they are married. It's often the case that one person, upon marrying their spouse, takes their spouse's surname.

But what happens if they don't inform the SSA of the name change? Say the couple files a joint tax return with the new name they now share. The IRS will not be able to match the new name with the correct Social Security number.

Similarly, post-divorce, a person who changed their last name after marriage to that of their ex-spouse, informed the SSA of the name change. As a result, the SSA can match the person with the correct SSN. Under such circumstances, however, they should also contact the SSA if they reassume a previous name.

Changing Your Name on Your Social Security Card

If you change your name, tell Social Security and your employer. This will ensure that your employer reports your earnings correctly and that Social Security records them.

You can get a new card from Social Security with your new name. You'll need to provide a copy of your birth certificate, final adoption decree, or other suitable documentation to prove your date of birth. You'll need a U.S. driver's license, state I.D., or passport to verify your identity.

Social Security Benefits and Your Income Tax Return

Know where and how you report your social security benefits. You can do so on line 6b of Form 1040 or line 6b of Form 1040-SR.

According to the Social Security Administration, your benefits may be subject to tax. This happens if the following are greater than the base amount associated with your filing status:

• One-half of your total benefits; and
• The total amount of all your other income, which includes any interest exempt from taxes

Concerned About Divorce, Remarriage, and Finances? Talk to a Lawyer

A divorce can affect many aspects of your life, even after death. Understanding the legal aspects of marriage dissolution, from retirement benefits to changing your name on your Social Security card, is essential.

Let an experienced family law attorney in your state help you make the best decisions about divorce, remarriage, and Social Security — putting your mind at ease. You can learn more about Social Security by visiting SSA.gov or contacting your local Social Security office.