Are Social Security Benefits Divided in a Divorce?

Social Security benefits are not divided during a divorce, but spousal benefits may be available to an ex-spouse under certain conditions.

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Understanding Social Security and Divorce

Social Security benefits are governed by federal law and are not treated as divisible marital property in Illinois or any other state. However, an ex-spouse may qualify for spousal or survivor benefits based on the other spouse’s work history. These benefits do not affect the other spouse’s Social Security income.

Legal Context for Social Security Benefits in Divorce

Under Social Security Administration (SSA) regulations, spousal benefits are available to ex-spouses if certain criteria are met:

Eligibility for Spousal Benefits:

  1. Marriage Duration: The marriage must have lasted at least 10 years.
  2. Marital Status: The individual seeking benefits must be unmarried.
  3. Age Requirement: The ex-spouse must be at least 62 years old.
  4. Benefit Comparison: The spousal benefit must be higher than the individual’s own benefit based on their work history.

Eligibility for Survivor Benefits:
An ex-spouse may also qualify for survivor benefits if the other spouse passes away, provided the marriage lasted at least 10 years and the individual is not remarried before age 60 (or age 50 if disabled).

How Spousal Benefits Work

  • The benefit amount is based on up to 50% of the working spouse’s benefit.
  • Receiving spousal benefits does not reduce the primary spouse’s Social Security payments.
  • Benefits are calculated independently of any division of marital property during the divorce.

Example Scenario:
An ex-spouse who was married for 15 years may receive spousal benefits equivalent to half of the other spouse’s Social Security, even after the divorce.

Steps to Claim Social Security Spousal Benefits

  1. Check Eligibility:
    Ensure the marriage lasted at least 10 years and that you meet the age and marital status requirements.
  2. Gather Documentation:
    Prepare necessary documents, including your Social Security number, proof of marriage, and divorce decree.
  3. Apply Through the SSA:
    Contact the Social Security Administration to apply for spousal or survivor benefits.
  4. Provide Evidence of Eligibility:
    Submit required documents to demonstrate your qualification for the benefits.
  5. Receive Benefits:
    If approved, the SSA will provide benefits based on your eligibility and the other spouse’s work history.

How Attorneys Can Help

An experienced family law attorney can:

  • Explain how Social Security benefits may impact your financial situation post-divorce.
  • Help ensure other marital assets are divided equitably to compensate for potential income disparities.
  • Collaborate with financial professionals to plan for long-term financial stability.

Need Guidance on Divorce and Social Security?

Call (630) 366-1760 to consult with a family law attorney. We’ll help you navigate Social Security considerations and ensure a fair financial outcome in your divorce.

Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.