PLEASE NOTE: We are OPEN. However, due to the COVID-19 situation, we are conducting our business by phone and video conferencing. Please contact our office to discuss your options.

Is your ex entitled to your Social Security after a divorce?

On Behalf of | Jan 17, 2022 | Divorce

When you and your husband or wife decide to split up in California, you may wonder whether your ex is going to have any entitlement to collect from your Social Security retirement or disability benefits. Depending on circumstances such as how long your marriage lasted, among others, your ex may be able to do so.

According to AARP, your former spouse should be able to collect Social Security retirement or disability benefits based on your work record if the following are true.

How to know if your ex is eligible

For your ex-husband or ex-wife to collect Social Security using your record, you must be eligible for Social Security benefits in the first place based on your work history. Also, your marriage must have lasted at least 10 years and your ex must not have remarried in the time since. Furthermore, your ex must be at least 62 years of age before collecting these benefits.

How much your ex stands to collect

At most, your ex is going to be able to collect half of what you are set to receive per month once you meet the full retirement age. He or she also does not have to wait for you to begin collecting your own benefits to start collecting on under your name. However, he or she does have to wait at least two years after your divorce becomes final to collect benefits if you are not already getting them yourself.

Keep in mind that even if your ex does collect your Social Security benefits, his or her doing so does not impact how much you receive yourself.