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. |