Many retired individuals are unaware that their Social Security benefits
can be impacted if they change their marital status. If you are a divorced
retiree or plan to get divorced in the future, you should be aware of
- Marriages lasting longer than 10 years are eligible for a divorced spousal
benefit. A person can claim their own benefit or their spouses, whichever
- You can claim both benefits. Some divorcees use their Social Security benefits
after their divorce. They then switch to their divorced spousal benefit
at age 70. This is called a restricted filing application.
- If you file for early benefits, you’re required to take the higher
amount of personal or spousal benefits. If you are working after retirement,
your benefit could be adjusted to a lower amount because of earning limitations.
- Remarrying after your divorce can mean losing eligibility for benefits
from your former spouse. After a year of marriage to your new spouse,
you will become eligible again based on the new spouse’s record.
However, you might not be eligible for benefits if your spouse does not
report their income.
- You don’t need to wait for your ex-spouse to file for benefits. You
are eligible for spousal benefits if you are at least 62 years old, have
been divorced for at least 2 years, and can make what is called an independent
Before deciding which benefit options to choose, speak with an attorney.
An experienced lawyer can advise you through this process and inform you
of limitations you might be unaware of. Our divorce attorneys at Goldblatt,
Marquette & Rashba, P.C. have extensive experience handling Social
Security benefit cases. Let us put our 25+ years of legal knowledge to
work for you!
Contact our Hamden divorce lawyers
today, or call (203) 687-4050 to find out what we can do for you.