How Can A Divorce Affect Your Social Security Benefits?

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Divorce can be a complicated process, especially when it comes to figuring out the spouses’ finances and other logistics. If you’re a divorcee or considering divorce, you may wonder whether you will still be eligible for your spouse’s social security benefits. To learn more about how a divorce can impact you and your spouse’s social security benefits, read on or reach out to a seasoned Divorce & Separation Attorney in Bohemia, NY today for quality legal counseling!


If you meet certain qualifications, you may be eligible to still receive your ex-spouse’s benefits even after you divorce. If you’re at least 62, were married 10 or more years, and hadn’t yet remarried, then you are most likely eligible for your ex-spouse’s social security benefits. However, even if you don’t fit these qualifications, you may still be eligible depending on the circumstances.

If you do meet the qualifications, you may qualify to receive both your and your spouse’s benefits, but this doesn’t mean you’ll get double the amount of benefits. To calculate your benefits, the Social Security Administration (SSA) determines who is set to earn the most benefits. If you are eligible for more benefits than your spouse on your own, then you’ll likely just receive your own benefits. However, if you would receive greater benefits through your spouse, most of the time you’ll receive your own benefits first then the SSA pays you the difference for whatever additional benefits you would’ve received from your spouse.


If you are eligible and claim your ex-spouse’s social security benefits, their benefits will not be impacted in any way. They won’t be notified that you claimed their benefits unless you personally inform them, and they will still receive whatever they are entitled to. Vice versa the same is true. Neither person will receive fewer benefits just because their ex-spouse received benefits too.

You’ll also still be able to claim your spouse’s benefits if they haven’t received their own payments yet. However, you normally need to wait two years and stay divorced the entire time before receiving your spouse’s benefits in this scenario.


Most of the time, you won’t be eligible for your ex-spouse’s benefits if you decide to remarry after a divorce. If your ex-spouse remarries, it won’t affect your benefit eligibility, but if you remarry, then you’ll likely lose eligibility for your ex-spouse’s benefits.

If you’re currently going through a divorce and looking for more information on how your social security will be impacted, you’ll likely want to speak with an experienced divorce attorney to guide you through the divorce process. The Law Offices of Susan A. Kassel is here for you every step of the way! Contact us today for a case evaluation with a compassionate and talented lawyer.

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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