Social Security Benefits and Divorce

Social Security Benefits and Divorce

Financial Mistakes Divorce Mediation Couples often make and how to avoid them.

The final discussion is on financial mistakes divorcing couples often make is failing to understand social security benefits fully.

In our divorce mediation practice, we often hear clients state the following: “If my spouse collects Social Security benefits based on my income, my benefits will be reduced.” This statement is not correct. There is no impact on the benefits of the spouse against whose account the divorced spouse collects benefits.

Guidelines for Collecting SSI Benefits after Divorce

You can collect social security based upon your divorced spouse’s income (and based on the current 2020 social security guideline) if (1) you were married for at least ten years; (2) you have been divorced for two years; and (3) your divorced spouse is eligible to receive benefits. The two-year waiting period does not apply if the divorced spouse received benefits before the date of divorce.

You lose your SSI benefits if you get remarried

The right to spousal benefits is lost if you remarry. For up-to-date rules and information, visit and seek adequate advice DURING the process of divorce, not after the divorce is final. Avoid making mistakes and exercise due diligence by working with an attorney-mediator with area practice expertise in family law in his/her jurisdiction.

Read all posts in the series Financial Mistakes Divorce Mediation Couples often make and how to avoid them.

Learn More about Social Security Benefits and Divorce

To learn more about Social Security Benefits and divorce and how divorce mediation can help your case, contact any of our Divorce Attorney Mediators or Certified Divorce Financial Analysts at CT Divorce Mediation Centers. Divorce and Family Mediation, and Collaborative Law are all we do. We have offices in Madison, New Haven, Cheshire, West Hartford, Glastonbury, West Hartford, and Windsor, CT.

To find out more information or schedule a consultation with our divorce experts, call us at (860) 986-1141.

DISCLAIMER: This publication is not meant to constitute legal, accounting, financial, investment advisory, or other professional advice. If legal, financial, investment advisory, or additional professional assistance is required, the services of a competent professional person such as CT Divorce Mediation center should be sought.