Jump to Navigation

Social Security eligibility for divorced spouses

When Texans are wanting to divorce, they may want to wait until they have been married for 10 years if possible. This is true especially in situations in which one spouse has had a significantly higher income than the other because of future Social Security benefits.

A divorced spouse is able to claim Social Security retirement benefits based on their ex-spouse's earnings record if they were married for at least 10 years. The Social Security Administration is very strict about this durational requirement, meaning a marriage that was even a few days shy of reaching the 10-year point will not allow a spouse to receive benefits based on their spouse's earnings.

Similarly, a divorced spouse who was married to their spouse for 10 years is also eligible for Social Security survivor's benefits if their former spouse passes away. Married people who have been married for at least nine months when one spouse passes are also eligible for survivor's benefits as long as they are still married at the time of the death. If a spouse is eligible for Social Security retirement benefits based on their former spouse's earnings record, they will receive no more than 50 percent of the monthly amount that their spouse would be eligible to receive.

Thinking through various divorce matters, including the future ability of both spouses to retire comfortably, is one important aspect of successfully navigating the end of a marriage. People should remember their future Social Security eligibility when they are thinking about their ability to retire in the future after they are divorced. If couples are near the 10-year mark for their marriage, they may want to hold off on divorcing until they pass that milestone. This can help with the future ability of both spouses to retire. A person who is wanting a divorce may want to seek guidance about timing from a family law attorney.

No Comments

Leave a comment
Comment Information

Tell Us About Your Case

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

[Picture of Bruce Turner]

Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

Bruce Turner - Attorney Profile Subscribe to This Blog's Feed

Office Locations

Turner, Bruce E.
1603 Lyndon B. Johnson Freeway Suite 280
Dallas, TX 75234

Phone: 800-486-9553
Fax: 214-373-2570
Dallas Law Office Map

FindLaw Network
Bruce Turner with Bennett, Weston LaJone & Turner, P.C.

Attorney Bruce Turner is located in Dallas and represents people and businesses throughout DFW and the Metroplex, including Denton, Carrollton, Lewisville, Flower Mound, Farmers Branch, Irving, Las Colinas, Corinth, Highland Village, The Colony, Plano, Frisco, Allen, McKinney, Mesquite, Grand Prairie, Garland and Grapevine as well as Collin County, Denton County and Dallas County in Texas.

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.