Ask Larry

If My Wife And I Get Divorced Or Separate, Will My Wife Still Be Able To Claim Spousal Benefits?

Hi Larry:
I will be 70 in Sept of 2021. My wife will be 74 in Aug 2021. I have not claimed SS yet, my wife has no errand credits on her own so will only be able to claim spousal benefits. We were married Nov 2014. If we get divorced or separate before I turn 70, will my wife be able to claim spousal benefits? If we get divorced or separate after I start collecting SS and my wife starts spousal benefits but less than 10 years of marriage, will my wife lose her spousal benefit? Thank You.
Craig

Hi Craig. Your wife could still qualify for spousal benefits even if you separate, as long as you don't get divorced. She would not, however, qualify for spousal benefits if you get divorced, unless your marriage lasts for at least 10 years. If you get get divorced before you start drawing your benefits, your wife couldn't qualify for any spousal, divorced spousal or survivor benefits if your marriage lasted for fewer than 10 years. If you divorce after you start drawing your benefits and if your marriage lasts less than 10 years, your wife's eligibility for benefits on your account would end effective with the month that your divorce is final.

Best, Jerry

Category: 
Posted: 
May 15 2021 - 8:23pm
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