Sunday, March 4, 2007

How divorce affects Social Security benefits

If a couple has been married for 10 years or longer and they get divorced, the wife is entitled to half the husband’s Social Security provided certain provisions are met.

Since this rule does not diminish the amount the husband receives at retirement, he usually doesn’t worry about this.

Assume the husband will get $750 a month when he retires. If they have been married 10 years or longer, she would be able to get $375 (one-half of the husband’s benefit) at age 65.

What if he gets remarried? If he is married to his second wife for 10 years and they get divorced, Wife #2 gets $375, Wife #1 gets $375, and he still gets $750. His limit is four wives! As long as he is married to each one for 10 years or longer, they each get half of his Social Security benefit.

What if the wife gets remarried? If she is married at retirement time, she looks to her current husband for her benefit. But if she has been married to Husband #2 for 10 years and they get divorced, she is entitled to half of Husband #1’s benefits or half of Husband #2 benefits or her own, whichever is higher. She has a choice.

What if they get divorced and he dies? The ex-wife is entitled to widow’s benefits.

A widow’s remarriage after age 60 will not prevent her from being entitled to widow’s benefits on her prior deceased husband’s earnings.

Example: Assume that Maude’s first husband died. At age 58, she met a wonderful widower and wanted to get remarried but she realized that she would lose her entitlement to all of the deceased spouse’s Social Security benefits when she turned age 60. This may explain why many senior citizens are living together unmarried until after age 60.

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