What Happens to Your Social Security Benefits If You Get Divorced in Retirement?

Many retirees rely on Social Security for a significant portion of their income, and married couples may receive higher monthly payments through spousal benefits.

However, spousal benefits are only available to those who are currently married. If you divorce (or are widowed) in retirement, it could change your benefit. In some cases, it could disqualify you from Social Security altogether. Here's what retirees need to know.

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How your benefit could change after a divorce

If you divorce in retirement, you'll no longer qualify for spousal benefits. However, you might be eligible for divorce benefits instead.

To receive divorce benefits, you and your spouse must have been married for at least 10 years. As with spousal benefits, the maximum you can receive in divorce benefits is 50% of the amount your spouse qualifies for at your spouse's full retirement age.

Many divorced spouses can simply switch from spousal to divorce benefits after their marriage ends, collecting the same amount from Social Security. But if you've been married for less than 10 years, you may lose spousal benefits without qualifying for divorce benefits at all.

Remarrying can further complicate Social Security

Divorce benefits require that you're not currently married, so you'll no longer qualify for this type of Social Security if you remarry. You can, however, return to receiving spousal benefits based on your new partner's work record.

Where it gets complicated, though, is in the payment amounts. Again, with both spousal and divorce benefits, you can receive a maximum of 50% of your spouse's or ex-spouse's full benefit.

Say your ex-spouse is receiving $3,000 per month at full retirement age, providing you with a divorce benefit of $1,500 per month. If you remarry and your new partner is collecting $2,000 per month, you'll lose your divorce benefit and instead start receiving just $1,000 per month in spousal benefits.

Also, to be eligible for spousal benefits in the first place, your partner must qualify for either retirement or disability Social Security. If you remarry and your spouse can't receive Social Security, you won't qualify for either spousal or divorce benefits.

What happens if your spouse passes away?

If your spouse passes away after you begin taking Social Security, you'll lose spousal benefits but may qualify for survivors benefits instead.

Widows and widowers are the most common recipients of survivors benefits, but this type of Social Security is also sometimes available to divorced spouses, parents, children, and other family members who were financially dependent on the deceased person.

The amount you'll receive depends primarily on your relation to the person, but surviving spouses can often collect 100% of their partner's benefit.

Social Security can be complex at times, especially with so many types of benefits with different eligibility requirements. But knowing which types you qualify for can help you maximize your benefit and enjoy a more secure financial future.

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