4 Hotly Contested Social Security Divorce Rules Confirmed by a Retirement Planner

Recently, a Reddit user turned to help in a Social Security thread after their mother was denied benefits following a divorce from her husband of more than 30 years. However, the answers didn’t all come at once.

Instead, Reddit commenters worked through the case like a process of elimination, ruling out common misconceptions before zeroing in on the rules that determine eligibility. By the end of the discussion, four key lessons had emerged.

From there, MoneyLion took each of the “rules” to a legal expert for some potential myth-busting and clarity about how spousal and divorce-related rules can surprise people who assumed they understood them.

Your Divorce Agreement Doesn’t Determine Eligibility

The involved Redditors argued that a divorce decree or settlement can’t determine whether you’re eligible for Social Security benefits based on an ex-spouse’s record. To confirm or deny this, MoneyLion turned to Evan H. Farr, a certified elder law attorney and national Social Security advisor.

“This is true — except for a very important exception,” Farr noted. “A divorce court determines what constitutes the end of a couple’s legal marriage and the time period for which they were married. These factual determinations establish a couple’s Social Security eligibility.”

From there, Farr clarified that a divorce court does not possess the authority to grant, deny, assign, divide or delete Social Security benefit federal eligibility through a divorce decree or settlement agreement.

The 10-Year Marriage Rule Is Only the Beginning

Since the couple in question had been married for more than 30 years, commenters agreed they easily met Social Security’s well-known 10-year marriage requirement. They also felt, however, that wasn’t enough by itself to qualify for divorced-spouse Social Security benefits.

Farr concurred that while the 10-year threshold is important, there are still other requirements.

“In order for a divorced spouse to claim benefits under the divorced spouse program, he or she must have been married to the worker for at least 10 years during the period leading up to the date of divorce becoming final; must file for benefits, must be unmarried, and generally must be at least 62 years old,” Farr said. “Additionally, the divorced spouse cannot have a retirement or disability benefit based upon his or her own work history that is equal to or greater than the full divorced spousal benefit.”

You May Not Have To Wait for Your Ex To File

Throughout the thread and its many debates, Redditors argued that a divorced spouse may be able to claim benefits on an ex-spouse’s record even if that ex hasn’t started collecting Social Security, provided the divorce has been final for at least two years and other eligibility requirements are met.

Farr confirmed that this “correctly describes what is known as the ‘independently entitled divorced spouse’ rule.”

He then added, “The claimant can still qualify on that former spouse’s record if the worker meets all three conditions: Is at least 62, is fully insured for Social Security retirement benefits and the divorce has been finalized for at least two consecutive years.”

Your Claim Doesn’t Reduce Your Ex’s Benefits

Toward the end of the discussion, another Redditor raised a common concern: Would claiming benefits on an ex-spouse’s earnings record reduce that person’s monthly check?

“Receipt of divorced spouse benefits by one of the spouses after a divorce will not decrease the amount received by the former spouse,” Farr answered. “Similarly, receipt of divorced spouse benefits by one of the spouses after a divorce will not decrease any other family member who would otherwise receive benefits from the same worker.”

Farr went on to say that the Social Security Administration (SSA) specifically notes the payments made to divorced spouses won’t reduce benefits payable to the worker or their family members.

The Bottom Line

Clearly, there can be a great deal of confusion and assumption involved regarding rights and legalities in the midst of a complicated divorce. While communities like Reddit can be a healthy resource, always confirm, fact-check and consult with an expert before making your decisions.

This article was provided by MoneyLion.com for informational purposes only and should not be construed as financial, legal or tax advice.

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