Social Security: Here's What Happens To Your Benefits If You Get Divorced In Retirement

Social Security can go a long way in retirement, and if you're married, you could be entitled to extra cash each month in the form of spousal benefits.

The average spouse of a retired worker collects around $909 per month in benefits, according to November 2024 data from the Social Security Administration. But what happens if you divorce after taking Social Security?

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The bad news is that you'll lose spousal benefits once you're no longer married, but you could be entitled to a different type of benefit.

Benefits for divorced spouses

You'll only qualify for spousal benefits if you're currently married to someone who is entitled to either retirement or disability benefits. If you divorce, you'll no longer be eligible for this type of Social Security. However, you might qualify for divorce benefits.

Divorce benefits are similar to spousal benefits, except they're only available to older adults who are unmarried. Your previous marriage must have lasted for at least 10 years, and you generally need to be age 62 or older to begin claiming.

If you and your partner have been divorced for fewer than two years, you'll need to wait until your ex-spouse begins taking retirement benefits before you can file for divorce benefits. Taking divorce benefits also won't affect your ex-spouse's checks in any way, and if they remarry, their current spouse can file for spousal Social Security even if you're receiving divorce benefits.

How much can you receive in benefits?

With both spousal and divorce benefits, the maximum you can receive is 50% of the amount your spouse or ex-spouse can receive at their full retirement age (FRA). To collect that full amount, you'll need to wait until your own FRA to begin claiming. By filing before that age, you'll receive a reduced payment.

Even if you've never worked and don't qualify for retirement benefits, you can still collect divorce benefits. But if you are eligible for retirement benefits, it could affect how much you receive in other forms of Social Security.

If you qualify for both retirement and divorce benefits, you'll only receive the higher of the two amounts. The Social Security Administration will pay out your retirement benefit first, then if your divorce benefit is higher, you'll get an additional amount so that your total payment equals the higher of the two.

For example, say you can receive $1,000 per month in retirement benefits and $1,500 per month in divorce benefits. In this case, you'll collect your $1,000 monthly retirement benefit plus $500 per month in divorce benefits so that your total payment is $1,500 per month.

What if your spouse passes away?

If your spouse passes away in retirement, whether you were currently married or divorced at the time, you could be entitled to survivors benefits.

By waiting until your FRA to file, you could receive your spouse's entire benefit in survivors benefits after they pass. Most widow(er)s can receive this type of Social Security, but ex-spouses who were married for at least 10 years can also sometimes qualify. In some cases, other family members like financially dependent parents and children can also receive survivors benefits.

Social Security can be an invaluable source of income in retirement, and if you qualify for spousal, divorce, or survivors benefits, it pays to take full advantage of them. In some cases, it could boost your retirement income by hundreds of dollars per month.

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