Taking Social Security Soon? Your Marital Status Could Disqualify You From Certain Benefits

Social Security can be a lifeline for many retirees, but the program is also complex and confusing at times. There are several different types of benefits available, all with their own eligibility requirements.

If you're married or divorced, you could be entitled to spousal benefits in addition to any retirement benefits based on your own work record. But if your marital status changes in retirement, it could affect the size of your checks -- or even disqualify you from benefits altogether.

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What are spousal and divorce benefits?

Spousal and divorce benefits can be available to anyone age 62 or older who is currently or previously married to someone entitled to either retirement or disability benefits. For divorce benefits, specifically, you cannot be married, and your previous marriage must have lasted for at least 10 years.

With both of these types of benefits, the maximum you can receive is 50% of your spouse's or ex-spouse's full benefit -- or the amount they'll earn by filing at their full retirement age. You'll also need to wait until your own full retirement age to receive the full spousal or divorce benefit you qualify for, as claiming early will reduce your payment.

If you also qualify for retirement benefits, you can still receive spousal or divorce benefits -- as long as your retirement benefit is less than what you'd earn from other types of Social Security. In that case, you'll only receive the higher of the two amounts.

Why marriage or divorce could change your benefit

Because both spousal and divorce benefits have strict eligibility requirements based on your marital status, marrying or divorcing could affect the size of your payments or even disqualify you altogether.

If you get divorced

Say you and your spouse have been married for eight years, and you're receiving spousal benefits based on their work record. If you divorce, you'll no longer qualify for spousal benefits. But you also won't be eligible for divorce benefits, because your marriage lasted for less than 10 years.

If you get married

A similar situation can happen if you remarry after divorce. Say you're collecting divorce benefits on your ex-spouse's work record, and you marry someone who is not entitled to retirement or disability payments. In this case, you can't collect spousal benefits because your spouse isn't receiving Social Security, but because you're married, you also won't qualify for divorce benefits.

If there's an income difference between spouses

Even if you still qualify for benefits, your payment can change if you marry or divorce. For instance, say your ex-spouse is receiving $3,000 per month in retirement benefits, providing you with a $1,500 monthly divorce benefit. If you remarry and your new spouse is collecting $2,000 per month from Social Security, you can only collect a maximum of $1,000 in spousal benefits.

Of course, there are countless factors to consider when marrying or divorcing, and Social Security may not be anywhere near your top priority. But it's wise to at least be aware that your benefit might change so that it doesn't throw a wrench into your retirement plans.

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