Divorce and Social Security Retirement

Otherwise known as spousal benefits, your ex can file for Social Security retirement under your work history if they meet the requirements. However, this won’t impact you or your family’s benefits.

To qualify, you and your ex must have been married for a minimum of 10 years. If your ex remarries, they will not be eligible to file for Social Security using your work history.

In short, there’s nothing to worry about if your ex files for your Social Security as it does not impact you in any way whatsoever. Depending on the circumstances, the anticipated income from social security benefits can be considered in evaluating spousal support needs. This becomes more relevant with older couples that are anticipating benefits within the foreseeable future. You will want to talk to your divorce lawyer about this if alimony is an issue in your case.