Divorce & Social Security

how to file for divorce in Arizona

Many people have concerns about how their divorce will affect their social security. According to ssa.gov “If you are divorced, but your marriage lasted 10 years or longer, your receive benefits on your ex-spouse’s record if 1) You are unmarried, 2) You are age 62 or older, 3) Your ex-spouse is entitled to Social Security retirement or disability benefits, and 4) The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.” So basically as long as you’ve been married at least 10 years, your divorce will NOT affect your benefits.”  (Important to note: While #1 states “you are unmarried”, this doesn’t mean you cannot have remarried. It simply means at the time you apply you cannot be married, ie: your later marriage must have ended.)

Also, a lot of people think that the benefits they receive will be less if their ex makes claims based on their benefits, ie: they look at it as a savings account and are upset that they have to share theirs with their ex. But this is NOT the case. A really good article about this myth and many others can be found in the following article.

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