Too many people getting a divorce in Illinois fail to consider how Social Security benefits are handled until after the divorce is over. Because Social Security, a Federal right, not a State right, law is complex and not subject to division as part of the asset division process, it is easy to overlook.
However, many people are entitled to Social Security benefits according to their former spouse’s work (contribution) history. If you are getting divorced, you will likely want to understand how federal law provides for situations in which divorcees can obtain Social Security benefits so you do not miss out on money to which you are entitled.
When Can a Divorcee Qualify for Spousal Social Security Benefits?
Because spousal benefits are not automatically given to former spouses, you must apply to receive benefits through the Social Security Administration. No matter which state you live in, Social Security benefits are decided according to federal law. The federal government considers several factors when determining benefit eligibility for divorcees:
- Your Personal Benefits – It is impossible to collect federal benefits for two people at the same time. Instead, the government will look at your age-based or disability benefits and your spouse’s benefits and allow you to collect the greater of the two.
- Age – You and your former spouse must be at least 62, even if they are not collecting their benefits yet. Collecting benefits through your former spouse does not affect their benefits or obligate them to begin collecting their own.
- Marriage and Relationship Status – In order to collect your former spouse’s benefits, your marriage with your former spouse must have lasted ten years or more. As of the time you filed for benefits, you must have been divorced from your spouse for at least two years, and you may not be married while collecting.
How Large Will My Social Security Payments Be?
Your benefit amount will depend on the following factors:
- If your former spouse is alive, your payments will depend on the amount of their benefits. For example, if you are at full retirement age, you can receive half the benefit amount your former spouse receives.
- If your former spouse has died, you are also entitled to half of their benefits but you may begin collecting at age 60, rather than waiting to be at full retirement age.
- If you marry someone else before age 60, you may not receive benefits from your former spouse at any time. If you get married after 60, you may.
- If you begin taking payments before full retirement age, your benefits will be permanently reduced.
- If you have a Civil Union, it is not currently recognized by the Federal Government and not applicable to these divorce related rules. As always, check the SSA for more specific information.
- Perhaps the most significant rule that gets overlooked is the 10-year spouse rule. If you were married at least 10 years, and your spouse earned more income (and therefore made greater contributions, and therefore will have higher monthly benefits), you may (if divorced for more than 2 years), claim credit for those higher contributions, and increase your monthly benefits.
- Make sure you have an experienced Family Law attorney who can walk you through these money-savings tips.