Divorce Affects Women's Social Security

Written and edited by Harry Rubins for his clients and friends.
Not intended as legal or tax advice.
Obtain professional advice before taking action on this information.

Divorce among the retired is not as common as among younger couples. But as more women are reaching retirement age already divorced, many are unaware that they may be entitled to social security benefits based on their former husband's earnings. Others know they're entitled to something but are unsure what the benefits might be. It doesn't help having complex rules to try to decipher who is eligible for what benefits.

Always check with your local social security office before you begin to plan or take action concerning your social security benefits.

To qualify for benefits based on your former spouses earnings these general guidelines apply:

  • the marriage must have lasted at least 10 years;
  • you and your ex-spouse must both be at least 62 years old;
  • checks can't start until two years after the divorce;
  • your social security will generally be 50% of your former spouse's benefit.

If your ex-spouse remarries, your benefits are not affected. But if you remarry, you lose the right to benefits based on your former spouse's earnings.

If your ex-husband dies, your benefit payment will double. As a divorced widow, you are eligible for 100% rather than 50% of your ex-husband's benefit. This is the law and has nothing to do with what you might think of him after a difficult divorce.

The rule that both must be at least 62 years old is really tough on older women who have not worked. For example, if she is 62 years old and her ex-husband is 58, she must wait 4 years until he is 62. Therefore, she has to wait until she is 66 before receiving 50% of his benefit. Thank goodness, she still gets the benefit even if he doesn't retire and file for benefits.

One last point if you are contemplating divorce after 9 years of marriage: Hang in there or get your attorney to delay the final divorce until after 10 years of marriage has passed. One day short of the 10 year requirement, you loose the right to your ex-spouse's social security benefits.

  
Home
| Financial Services | Retirement Planning | Speaking Engagements | Contact Us
NetExchange Client | Education Center | Site Map | Privacy Policy 

Securities & investment advisory services offered through Foothill Securities, Inc. 
Member SIPC & NASD for California, Oregon, Arizona, and Nevada

Insurance and employee benefits offered through Rubins Financial Strategies
California Insurance License #0728447

Rubins Financial Strategies & Foothill Securities
320 10th St, Ste 304, Santa Rosa, CA 95401
Map & Driving Directions

(800) 675-6171 or (707) 542-9449
   fax (707)542-9450
Email: hrubins@foothillsecurities.net

Copyright © 2006 Rubins Financial Strategies & Foothill Securities, Inc. & Foothill Securities
All rights reserved