Do You Qualify to Receive Social Security Benefits After Divorce?
Once you reach the qualifying age, you might be entitled to receive Social Security benefits based on your own retirement plan. However, if you don’t qualify on your own, you might still be able to benefit from your former spouse’s Social Security. Many people mistakenly believe that divorce means losing eligibility for these benefits, but that’s not always the case.
A key reason why you might be eligible to receive a portion of your ex-spouse’s Social Security benefits is your role in supporting their capacity to earn during your marriage. The Social Security Administration has specific guidelines to determine eligibility:
- Age and Marital Status: You must be at least 62 years old and not remarried.
- Marriage Duration: Your marriage must have lasted at least ten years.
- Divorce Timing: You are eligible if you have been divorced for at least two years, regardless of whether your ex-spouse has begun collecting benefits.
These requirements are the same across the United States, including Colorado. It’s important to note that receiving benefits as a divorced spouse does not affect the amount of benefits your ex-spouse receives. This arrangement reflects the Social Security Administration’s recognition of your indirect contribution to the earning potential of your ex-spouse over the years of your marriage.
Common Concerns
As a non-qualifying spouse, you might worry that your former spouse will interfere with your ability to claim these benefits. Conversely, the qualifying spouse might fear that their own benefits will be reduced. However, Social Security rules ensure that one party’s benefits are not diminished by the other’s entitlement. Each person’s benefits are calculated independently, allowing both parties to potentially secure a stable financial future post-divorce.
Understanding Your Rights in Colorado
Navigating post-divorce financial planning can be complex, especially when it comes to understanding your entitlements under Social Security. At Petrelli Previtera, our Denver family lawyers are well-versed in both federal Social Security regulations and the specific considerations applicable in Colorado. We are committed to helping you understand your rights and ensuring that you are on the right path towards securing your financial future after your divorce.
To learn more about your eligibility for Social Security benefits after divorce or to discuss your specific circumstances, schedule a consultation with our team today. We’re here to help you navigate these decisions with confidence and peace of mind.