Social Security

Brief Information about
Social Security and Divorce

Ten year rule:

If you and your former spouse were married more than ten years and during that time either of you paid into Social Security, you may be entitled to a spouse's benefit and/or survivor benefits on your former spouse's account if you have not remarried (before age 60). The federal laws provide the rules for Social Security and your state court decree cannot change the federal laws.

Spouse's Benefits

If your former spouse paid into Social Security and you were married during that same ten year period or more, then you are eligible for a spouse's benefit at age 62. You can get a larger monthly benefit if you wait until "full retirement age", which was age 65 for people born in 1950 or before age 65 plus additional months for people born in years later than 1950. Your receipt of benefits will not reduce your former spouse's benefits. You can choose to take the largest of either your own social security retirement benefit or the spouse's benefit, not both. If you were married for more than ten years to two or more people, and they paid into social security during the period of your marriage, you may choose between the benefits of the spouses or your own, but not more than one, choosing the largest benefit available.

Survivor Benefits

If you were married at least ten years during which time your spouse paid into social security and your former spouse dies, you can collect a survivor benefit, at a reduced level at age 60, and a full benefit at age 65.

How to collect Benefits

The Social Security Administration advises that it is best to contact them three months before you want to retire or collect a spouse's benefit. When applying, you should have your social security card, your birth certificate, your marriage certificate, your decree of divorce or dissolution, and your former spouse's social security number.

More information

The social security administration has a most helpful website: http://www.ssa.gov/

Call today to schedule an appointment with Melissa Graham-Hurd.
Ohio Divorce Attorney

Melissa Graham-Hurd
333 South Main St.
Suite 301
Akron, Ohio 44308
330-996-4099

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