Divorce and Social Security Benefits

The Wall Street Journal answers questions about the impact of divorce on Social Security benefits here.

"To review, 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.

Also, the benefit you are entitled to based on your own work generally would have to be less than the benefits you would receive based on your husband's work. (However, if you wait until your full retirement age to file for Social Security, you can restrict the scope of your application to your ex-spouse's benefit only, and continue to accrue credits for delaying your own retirement benefit up to age 70.)

If your ex-spouse receives a benefit based on your earnings, your own Social Security benefit wouldn't be affected whatsoever. In fact, the rules are basically the same for married couples and divorced couples. Let's say Bob and Carol are married. And let's say Carol—who never worked outside the home—applies for benefits from Social Security based on Bob's earnings record. Bob's own benefit wouldn't be changed, reduced or penalized because of his wife's application."