If you relied on your spouse’s income during marriage, divorce may raise concerns about your retirement. In Georgia, divorce does not always mean losing access to payments tied to your former spouse’s work record. Federal law determines whether you qualify and how much you could receive.
Who can claim benefits after divorce?
Your ex-spouse’s work record may allow you to receive Social Security benefits if you meet these rules:
- Your marriage lasted 10 years or longer.
- You are currently not married.
- You have reached age 62.
- Your former spouse qualifies for monthly Social Security payments due to disability or retirement.
- Your own Social Security benefit is lower than half the amount your former spouse would receive at full retirement age.
Meeting these requirements may allow you to claim benefits even if your former spouse remarries. However, getting married again usually means losing eligibility, although you may qualify again if the new marriage ends through divorce, death or annulment.
How much Social Security can you receive?
You could receive up to half the amount your former spouse is entitled to at full retirement age. Your monthly payment is usually lower if you claim early. The age when you can receive the full amount depends on your birth year and is generally between 66 and 67.
For example, if your former spouse’s benefit at full retirement age is $2,000 per month, you could receive up to $1,000. Your actual payment depends on your age and other benefits you receive.
Social Security pays your own retirement benefit first. If half of your former spouse’s full benefit is higher, you may receive an added amount to reach that higher total. You cannot collect both full benefits.
Your claim also does not reduce the benefits your former spouse or their current family receives.
What if your former spouse has not claimed benefits?
You may still qualify if your former spouse is at least 62 and can receive retirement benefits, provided your divorce has been final for at least two years. When you apply, Social Security may ask for your marriage certificate, final divorce decree and proof of age. You can check the application requirements on its website.
Consider your retirement needs during divorce
Although Social Security benefits are one part of your financial future, other assets, such as retirement accounts and savings, may also affect your financial security after divorce. A Georgia family law attorney can help you evaluate these assets during property division and understand how they may support your long-term needs.
