Will Our Social Security Benefits Change Due To Divorce?

Aug 13 2017 - 6:22am

getting divorced after 40 years, we both collect ssa, she gets 1/2 of my benefits because she was not able to collect on her own. I get $2400 a month and she gets $1200. once the divorce is final, do these numbers change? can she take some of my check? all other property and accounts will be split in half and both have agreed on this. She asked if she will be able to take some of my monthly check, so I need to know. thank you

Hi,

Yes, since you've been married for more than 10 years your wife will continue to be entitled to divorced spousal benefits after your divorce as long as she doesn't remarry someone else, and your benefit rates won't change as a result of the divorce.

Your wife can't directly claim any of your benefits, so Social Security will continue to pay you your full rate. In other words, Social Security couldn't take $600 from your check and give it to your ex-wife so that you'd each be receiving $1800. I'm not a lawyer, though, so I wouldn't know what the terms of your divorce might obligate you to do with your benefits once you've received them.

Best, Jerry