Divorce and Social Security

“I'm an excellent housekeeper. Every time I get a divorce, I keep the house.”-Zsa Zsa Gabor

The Wall Street Journal has a detailed article regarding Social Security Benefits for divorced spouses.

Here are the general requirements for collecting retirement benefits based on an ex-spouse's earnings: Your marriage had to have lasted at least 10 years; you can't be remarried; you have to be at least 62; and your ex-spouse has to be entitled to Social Security retirement or disability benefits. If you haven't yet reached your full retirement age, you would receive a percentage of the benefit you would be entitled to get at that date.

[…] If your ex-spouse receives a benefit based on your earnings, your own Social Security benefit wouldn't be affected whatsoever. [If the ex-spouse remarries, both you and the new spouse can collect full amounts against the ex-spouse's earnings.]

[... There is a difference between] collecting spousal (or ex-spousal) benefits and survivor benefits. If your ex-spouse dies, you can receive survivor benefits starting at age 60 (or age 50 if you are disabled) if your marriage lasted at least 10 years and you aren't entitled to a higher benefit based on your work record. You may be eligible if you still have a child at home as well.

Bottom Line

It’s worth reading the entire article to see the many special cases that may arise like remarrying after age 60. For the official policy see Social Security publication No. 05-10127, "What Every Woman Should Know". Another good resource about eligibility requirements for a spouse's benefit is: www.socialsecurity.gov/OP_Home/handbook/handbook.03/handbook-0305.html