Can I Collect My Ex’s Social Security After Divorce?

Yes, you may be entitled to your ex-spouse’s Social Security benefits after a divorce. However, in order for you to possibly receive these benefits, you will need to fill out an application with the Social Security Administration (SSA). The SSA will review your information and determine whether you are eligible to receive your ex-spouse’s Social Security benefits. Some of the factors that they may look for when making this decision include:

• Your age: Both you and your ex-spouse must be at least 62 years of age to collect Social Security benefits. Even if your ex-spouse is not collecting these benefits yet, you can still begin receiving these benefits, which will not affect their ability to collect in the future.
• Your own benefits: If you are already collecting your own Social Security or other federal benefits, you cannot collect your ex-spouse’s benefits too. Instead, you may have the possibility to collect the benefit that consists of a greater amount. Therefore, if your ex-spouse’s Social Security benefits are much greater than yours, you can choose to collect their benefits instead.
• Your marriage status: In order to be eligible for your ex-spouse’s Social Security benefits, your marriage to them must have lasted at least 10 years, you and your ex-spouse must be divorced for at least two years before you apply to collect their benefits, and you cannot be remarried to another person.

How is Social Security different from other retirement benefits in a divorce?

Pensions, 401(k) accounts, 403 (b) accounts, and individual retirement accounts (IRAs) are typically divided as marital property in a divorce. Therefore, if you or an ex-spouse has any of these accounts and are going through a divorce, the judge will likely decide how to split them between you both.

However, Social Security benefits are not included in the division of property and assets process. This means that while the judge may take these benefits into consideration when making certain decisions regarding other matters in your divorce, they are not split or divided among you and your ex-spouse.

How much of my ex-spouse’s Social Security benefits can I receive?

You will typically receive a Social Security benefit that is 50 percent of your ex-spouse’s retirement benefits. If your ex-spouse passes away, you may be able to receive 100 percent of their retirement benefits. If you remarry after your ex-spouse passes away and were at least 60 years of age at the time of the new marriage, you can continue to collect your ex-spouse’s Social Security benefits for the remainder of your life. However, to receive the entire benefit, you must be at full retirement age, which is 67 in 2024.

What if a person forgets to update their estate plan after a divorce in Charlotte, NC?

If a person does not take the necessary steps to update their estate plan after a divorce, their assets will likely be distributed to their ex-spouse. In Charlotte and other cities across North Carolina, it is crucial to update your estate plan immediately after divorce. By failing to do so, an ex-spouse will still be listed as your beneficiary, power of attorney, trustee, and more. When this happens, it can affect your children, new spouse, or even other family members. Here are some of the scenarios that may happen if a person forgets to update their estate plan after a divorce:

• Your ex-spouse may get every property, business, or vacation home that you own.
• Your ex-spouse may be able to make all decisions for you if you are incapacitated. This could be medical decisions, living decisions, emergency decisions, financial decisions, and more.
• Your ex-spouse may receive your retirement
• Your ex-spouse may get your artwork, vehicles, boat, jewelry, and other important possessions.

While it can be easy to get caught up in everyday life and stress, it is extremely important to take the time to update or rewrite your estate plan right after divorce. This ensures that your wishes are carried out and the people you care about will receive your assets and property. You should update this plan every few years as new life events take place, such as a divorce, new baby, new grandchild, new spouse, and more.

If you have further questions and concerns regarding divorce, Social Security benefits, or estate planning, the Charlotte divorce attorneys at Epperson Law Group are here to help. Our team has many years of experience ensuring that our clients understand their rights under state and federal laws. Therefore, when you work with us, you can have peace of mind, knowing that we will always have your best interests in mind during the divorce procedures and after. Please call our office or submit our contact form to schedule a confidential consultation in Weddington, Boone, Concord, or Charlotte today.