Marriage and Divorce Will Impact Your Social Security Benefits

Shutterstock

Many people depend on their Social Security benefits during their retirement years. Although it may not be all their income during that time, it may be the bulk of it. Getting as much as possible—or all you are entitled to—is important, whether you are married, divorced, or single.

People who are married can get considerably more than those who are single or divorced and not remarried. With either event, getting married or divorced can significantly change your Social Security benefits, which can impact your comfort level in retirement.

Social Security Benefits for Married People

Married couples can enjoy drawing on their Social Security benefits if they are over 62. If they wait until 70 to get their benefits, the larger the benefits become. When both spouses get benefits, their combined benefits will make it much more comfortable in retirement than having only one for income.

A Change in Married Couples Benefits

Married couples used to be able to switch between their spouse’s benefits and their own. They could each claim the spousal benefit from their spouse and then wait until they turned 70 to claim their own. Doing so would enable them to get more benefits. Finance.Yahoo reports this option is no longer available unless you turn 70 before Jan. 1, 2024.

The strategy previously enabled the spouse with the higher earnings to claim spousal benefits when they reached their full retirement age. The extra time (until they reached 70) would let them get their maximum benefit and still receive some in the meantime. The other spouse would then claim their benefit. When the higher earner reached 70, they would claim their own benefit. The other spouse would get their own benefits or keep their current one.

This method of maximizing your Social Security benefits is no longer available. What happens now is that the spouse can only get up to 50 percent of the primary spouse’s benefit, but the higher-earning spouse must already be getting benefits.

If a spouse has not worked enough to qualify for Social Security benefits, Medicare says they can still qualify for spousal benefits if they are at least 62. Fifty percent of the other spouse’s benefit would be more than they would otherwise qualify for. A potential problem with claiming the benefit before reaching full retirement age is that it permanently reduces their benefits.

Benefits for Childcare

A spouse can get the 50 percent spousal benefit if they care for your child under 16 or are disabled. It does not matter how old the spouse is, but the benefit stops when the child turns 16—unless disabled. ElderLawAnswers says that if the spouse caring for the child will receive more benefits based on their work record, they will receive the higher amount.

Social Security Benefits for Divorcees

Divorced people may be able to claim spousal benefits, but there are some rules. First, you must have been married for at least 10 years. ThePennyHoarder mentions that if you had more than one marriage lasting for 10 years or more, Social Security will examine each record and give you the highest earner’s spousal benefit.

A second requirement is that you cannot have remarried. If you do, you cannot get spousal benefits from a previous marriage. The spouse on which you are claiming benefits may have remarried, which will not affect your benefits.

A third requirement is that your spouse must be getting Social Security benefits. If the divorced spouse’s birthday is on or later than Jan. 2, 1954, and they apply for Social Security, they will get the higher of the spousal benefit or their own benefits based on their work record.

Remember that if you claim spousal benefits early, your benefits will be permanently reduced. Claiming them before you reach full retirement age is considered early because you can only get the full benefit if you wait until then and the maximum benefit when you turn 70.

The Fool reveals that if you claim spousal benefits at age 62, you will only receive 32.5 percent of the retired worker’s benefit, not 50 percent. Your spousal benefits may also get reduced if you continue to work after receiving benefits, until the month you reach 70.

Non-Citizen Divorcees and Social Security Benefits

Most of the same rules apply for non-citizen divorcees and for those who are citizens, with a couple of exceptions. In addition to being at least 62, not remarried, were married at least 10 years, and having a spouse who qualifies for Social Security, you must also be living in the United States. If you leave, you will lose your benefits after six months and only regain them after returning to the United States and living here for 30 days.

The AARP says that if your ex-spouse is old enough but has not yet claimed Social Security, you must also have been divorced for at least two years. You may live in a country that has signed an international Social Security agreement with the United States.

Another requirement, Social Security says, is that you must have lived in the United States for at least five years and have been married to the spouse during that time. You may qualify for benefits if you were eligible for benefits before Jan. 1, 1985, or if you were married to someone in military service who died in combat or because of a service-related illness.

Social Security benefits are available to many in various marriage and divorce circumstances. In some situations, children may also be eligible. If you are uncertain or have questions, you can learn about your eligibility by talking to a Social Security representative.

The Epoch Times copyright © 2024. The views and opinions expressed are those of the authors. They are meant for general informational purposes only and should not be construed or interpreted as a recommendation or solicitation. The Epoch Times does not provide investment, tax, legal, financial planning, estate planning, or any other personal finance advice. The Epoch Times holds no liability for the accuracy or timeliness of the information provided.