My spouse turned 62 this year, he is 7 years younger than I am. He is not ready to retire and I am still working. He has an ex, they were married for 12 years. The divorce decree stipulates she cannot collect his social security. How is that recorded so that she cannot tap into his SS?

Hi,

Social Security is not bound by anything people agree to in a divorce settlement. Therefore, Social Security would have no need to record anything agreed to in your husband's divorce settlement. I'm not a lawyer so I don't know whether or not the agreement you reference is enforceable by other means, but Social Security law wouldn't prevent your husband's ex-spouse from potentially claiming divorced spousal or survivor benefits on his account provided that she meets the requirements for entitlement (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html).

Just to clarify, though, a person who draws divorced spousal or survivor benefits on the Social Security record of an ex-spouse is not 'tapping into' their Social Security. Divorced spousal benefits are an auxiliary, or extra, benefit that can be paid to eligible individuals. Auxiliary benefits have no adverse effect on the benefits or benefit rate of the worker on whose record the auxiliary benefits are paid. Nor does the payment of divorced spousal or survivor benefits cause any adverse effect to the benefit rates of other eligible family members, such as a current spouse or child. So, if your husband's ex-wife does qualify for divorced spousal or survivor benefits at some point, it won't reduce your husband's benefit rate nor your benefit rate as a spouse or widow.

Best, Jerry