Government policy is rarely straightforward, but changes in the law can make it even harder to analyze. Such is the case with Social Security benefits after divorce, the rules around which may change depending on when you were born. Fortunately, however, with the help of a knowledgeable Illinois divorce attorney, you can learn everything you need to know about your Social Security benefits after divorce and how you can negotiate a fair divorce settlement that minimizes the impact of divorce on your retirement plans.
Do I Lose Social Security Benefits if I Get Divorced?
Although privately owned property like pension accounts and 401(k)s are divisible as marital property in a divorce, government Social Security benefits are not. Even if your spouse depends on your benefits for their own, your benefit payments will not be affected. Rest easy knowing that this portion of your retirement plan is untouched by divorce.
Can I Get Social Security Benefits Based on My Spouse’s Income?
In certain circumstances, divorced spouses can get Social Security benefits based on their ex-spouse’s earning history. However, there are slightly different rules you must follow depending on the year you were born. If you were born before 1954, you can file for benefits based on your spouse’s work record first and later draw on your own benefits if they eventually become greater. If you were born in or after 1954, however, you must apply for all available benefits, and whichever is higher (yours or your spouse’s) are the payments you will always receive.
...