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Divorce may be complicated by Social Security benefits

On Behalf of | Nov 24, 2020 | Divorce

Nonworking spouses are entitled to the same Social Security benefits that his or her working spouse is entitled to. That’s true in Colorado even if the spouse never held a job outside the home. Even if a couples decides to divorce, a nonworking spouse may still be entitled to benefits based upon the work record of the former spouse. If certain requirements are met by the nonworking spouse, he or she may be entitled to collect benefits.

Here are some of the things to make certain of when ascertaining Social Security eligibility:

  • People can only claim benefits if they’ve been married for at least 10 years and they won’t be getting any benefits until former spouses begin to receive them;
  • The requirement may be waived if the couple has been divorced for at least two years and if the spouse who is eligible hasn’t yet filed;
  • People must be at least 62 years of age to start claiming benefits and must not have remarried, but would still be eligible if their former spouse has remarried.

It’s also important to note that claimants won’t receive full benefits until they reach full retirement age or FRA. They may be able to receive up to half of a former spouse’s benefits, though it does not impact the amount of benefits the former spouse receives. This can all get quite confusing.

It can become quite complicated figuring out Social Security benefits after divorce. There are many variables to take into consideration that might confuse some Colorado residents. People who are seeking help to figure out Social Security payments after a divorce might do well with advice from a family law attorney.