How Can a Divorce Impact My Social Security Benefits?

divorcing couple

As many people know, the logistics of the divorce process can be complex, especially financial aspects. If you’re just beginning the divorce process, you might be wondering how your social security benefits could be affected by the ordeal. Divorce can impact many different areas of your life, and social security benefits are no exception. To learn more about how your benefits may be impacted, read on or reach out to one of our Divorce Issue Lawyers in Mansfield, MA today.


After a divorce, you may not be able to access your ex-spouse’s social security benefits depending on the circumstances. Whether or not you are eligible for your ex-spouse’s benefits depends on your age, your disability status, the length of the marriage, your current marital status, and more. If you were married to your spouse for at least 10 years, haven’t remarried, and are at least 52 years old, you likely are still eligible for at least part of their benefits. You could also be eligible for survivor’s benefits if your current or former spouse passes away. If you have a disability you can receive survivor’s benefits as early as age 50.


If you can claim your ex-spouse’s benefits, their benefit amount will not be impacted at all. One person won’t get less just because another person claimed their benefits. The Social Security Administration (SSA) ensures that everyone receives exactly what they’re entitled to. While your spouse won’t be impacted, you won’t be able to cheat the system to get double the benefits if you’re able to receive part of your spouse’s. If you are entitled to more benefits on your own, then you won’t be able to receive your ex-spouse’s benefits too. However, if your spouse has more benefits, then the SSA will normally pay you your benefits first and then pay you the difference based on your spouse’s social security.

If you remarry before claiming your ex-spouse’s benefits, you likely won’t be eligible to receive their benefits anymore. You may also lose eligibility for survivor’s benefits if you remarry before receiving them.

If you’re going through a divorce, you might want to speak with an experienced divorce attorney who can guide you through the complicated process. No need to worry because the Law Offices of Cynthia L. Hanley is here for all of your divorce needs! Contact a trusted and compassionate lawyer today for quality legal counseling.