There have been a lot of significant additions to American society during the life of the Baby Boom Generation—TV remotes, cell phones, the internet, DNA fingerprinting, Viagra and… Gray Divorce. The overall national divorce rate has been going down for the past 20 years, but divorces among people 50 and older have doubled.
A very loose rule of thumb in divorce is that marital assets get split down the middle. Both departing spouses take their half and depart. But with the increasing rate of divorce among the generation that once said you couldn’t trust anyone over 30, a question being asked more frequently is this, “Will my soon-to-be-ex get half of my Social Security, too?”
A divorce decree may require that your ex get half of your IRAs, retirement accounts or your pension. That would be specified in a Qualified Domestic Relations Order (QDRO). But any benefit your ex receives based on your work history does not reduce the amount you receive.
Confusion about an ex receiving half your Social Security benefit comes from the rules attached to the Social Security Spousal Benefit. An ex can receive up to 50% of what you would receive at your Full Retirement Age (FRA) if:
- The marriage lasted 10 years of longer
- You have been divorced from your ex-spouse at least 2 years
- Your ex-spouse has not remarried
- Your ex-spouse is age 62 or older
- The benefit your ex-spouse is entitled to receive based on their own work history is less than the benefit they would receive based on your work record.
- You are entitled to Social Security retirement or disability benefits.
If your ex meets the qualifications, they can receive the Spousal Benefit even if you have remarried. However, if they decide to take the Spousal Benefit before their Full Retirement Age (FRA), they will receive a permanently reduced benefit, not the full 50%. Social Security penalizes anyone who takes a benefit before reaching their FRA.
This article is presented as information only and should not be considered financial, tax or legal advice.
