Social Security and Divorce

Transcript of Podcast Episode 382

Hello, this is Bill Rainaldi, with another edition of Security Mutual’s SML Planning Minute. In today’s episode: Social Security and divorce.

We spoke extensively about the phenomenon of “gray divorce” in an episode last summer, meaning divorce specifically for those over age 50. While the overall divorce rate has fallen in recent years, the rate among people over age 50 has risen dramatically.[1] And for those people, it’s important to know something about how Social Security works for divorced spouses.

It’s safe to say that getting divorced can be, and usually is, a trying experience. And it can really mess up your retirement, especially for the lower-earning spouse. But the Social Security Administration (SSA) has provided some flexibility for divorced spouses when it comes to collecting their retirement benefits.

When considering Social Security, selecting the right claiming strategy often comes down to understanding two special types of benefits: spousal and survivor benefits. And with both of these, there are special rules designed to protect divorced spouses. Understanding these rules can make a huge difference in the quality of your life in retirement.

First, let’s talk about spousal benefits. Spousal benefits are generally available any time one spouse has a personal Social Security benefit that’s less than half of the other spouse’s benefit. For example, assume your benefit at age 67 (Full Retirement Age or FRA) is $3,000. But your spouse may have only worked part-time, or may have left the workforce for a period of time. So, let’s say their personal benefit as a result is only $500.

Spousal benefits max out at 50 percent of the higher-earning spouse’s FRA benefit. So, if you both file at 67, you would receive your full personal benefit of $3,000. Your spouse would receive his or her own personal benefit of $500, plus an additional spousal benefit of $1,000, bringing their total benefit to $1,500, which is 50 percent of yours. You can also choose to collect earlier if you wish—at a reduced rate—so long as you’re at least 62 years old, which is the youngest age for filing for a personal or spousal benefit.

But if your spouse has a personal benefit that is more than half of yours, no spousal benefit would apply. Also, note that your spouse does not become eligible for a spousal benefit until you yourself file. So, if you choose to max out your benefit by waiting until age 70, your spouse has to wait too, at least for the spousal portion.

What are the special regulations that affect divorced spousal benefits? First, it’s important to recognize the most basic rule: if you were married for at least 10 consecutive years before you got divorced, you are entitled to the same benefit you would have received if you were still married. So, you may be able to receive that spousal benefit even if you’re no longer married.

But there’s more. Aside from being married ten years, if you have also been divorced for at least two, you are considered “independently entitled”[2] to benefits. As we said, for a married couple, the lower-earning spouse cannot get a spousal benefit until the other spouse collects their own benefit. But this rule is waived for an independently entitled ex-spouse. This helps avoid the awkward situation of trying to coordinate things with your ex.

Finally, it’s important to recognize that if you decide to re-marry at some point, the spousal benefit disappears. At that point, it’s as if the first marriage never happened. But perhaps you can still qualify for a spousal benefit with your new spouse. The ten-year rule only applies to divorced spouses. A current spouse can receive a spousal benefit once they’ve been married for at least one year.

Now let’s cover survivor benefits, which are probably even more important for most married and divorced spouses.

Note that survivor benefits are not 50 percent, they’re 100 percent of the higher-earning spouse’s benefit. And in most cases, they’re pretty straightforward. Once you get past FRA, the surviving spouse’s benefit is simply the higher of the two.

So, let’s continue with our previous example. You’re collecting $3,000 a month, and your spouse is collecting $1,500, which includes a $1,000 spousal benefit. If you die, your spouse moves up to your benefit of $3,000 per month. If your spouse dies before you do, you simply go on collecting your $3,000.

If you’re still married, that’s at least one piece of good news: your spouse gets a raise. But there’s also some bad news (aside from the fact that you’re not there anymore!). As a household, you were collecting a total of $4,500 while both of you were still alive. Now that’s down to $3,000 for the surviving spouse alone.

What happens if the higher-earning spouse dies before reaching FRA? Basically, the surviving spouse can receive reduced survivor benefits beginning at age 60 (or 50 if disabled) or 100% of the deceased spouse’s calculated benefit if they wait until their own FRA. The survivor receives the higher of their own retirement benefit or the deceased spouse’s, with payments potentially reduced if taken early. There’s not one single answer and it’s recommended to consult with a Social Security expert if you fall into this particular situation.

In a divorce situation, what happens when the higher earning spouse dies? When it comes to survivor benefits for a divorced spouse, the 2- and 10-year rules apply. Other than that, the rules are a little bit less restrictive than with spousal benefits. For one thing, you have the option of re-marrying without giving up your right to a survivor benefit on your ex, so long as that second marriage occurs after you reach age 60.

So many divorcing spouses fail to think about Social Security when they’re going through the divorce. And even fewer truly understand how spousal and survivor benefits work for a divorced spouse. The important thing to remember is that you may be entitled to benefits from Social Security that you hadn’t even thought of. But you may also need help figuring it all out.

The rules for Social Security are far more complicated than we can explain here. That’s why the assistance of a qualified professional is always recommended. Your Security Mutual Life insurance agent can help assemble your team and coordinate with your attorney and tax professional to review your unique situation and to determine the insurance plan that best suits your needs and objectives.

[1] Sergeant, Jacqueline. “Gray Divorce Surge Leaves Women In Need Of Advisors, Experts Say.” Financial Advisor. https://www.fa-mag.com/news/women-want-financial-education-as-they-end-marriage-82256.html?section=43&utm_source=FA+Magazine&utm_campaign=FAN_FA+News_042525&utm_medium=email (accessed May 15, 2025).

[2] Hager, Thomas. “Ex-Spousal Benefits: What ‘Independently Entitled’ Means.” Forbes.com. https://www.forbes.com/sites/tomhager/2024/11/20/ex-spousal-benefits-what-independently-entitled-means/ (accessed March 26, 2026).

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