Gray Divorce in Texas: What Does it Mean for Social Security?

A recent study cited by ABC News found a significant increase in so-called “gray divorce.” That is to say people over the age of 50 are getting divorced at a much higher rate than they did in decades past. There are some unique issues that can arise in a gray divorce, including Social Security. In this article, our Houston divorce attorney explains what divorce can mean for Social Security in Texas.

Understanding the Basics: Social Security Eligibility for Divorced Spouses

A gray divorce can have a big impact on Social Security. Under federal law, a divorced spouse may be entitled to Social Security benefits based on their ex-spouse’s work record, provided that specific conditions are satisfied. Here are the requirements:

• The marriage must have lasted 10 years or longer;
• The divorced spouse (applicant) must still be unmarried at the time of application;
• The ex-spouse must be entitled to Social Security retirement or disability benefits;
• The applicant must be at least 62 years of age.

In other words, a person who has gotten divorced later may be able to get Social Security benefits based on their spouse’s work record. When you claim Social Security based off of a spouse’s record, it will not reduce their benefits.

Does it Make Sense to Apply for Benefits Based on Your Spouse’s Record or Your Record? 

It depends on your specific circumstances. If you qualify for Social Security on your own record and through your ex-spouse’s record, the Social Security Administration will pay you the higher of the two amounts—but not both amounts. A divorced spouse benefit can be up to 50 percent of the ex-spouse’s full retirement benefit if taken at full retirement age. However, it will be reduced if you claim early (as early as age 62). You cannot receive divorced spouse benefits if your own benefit is higher. However, for many spouses in long marriages—especially those who spent years out of the workforce or earned significantly less—claiming under the ex-spouse’s record is the best option.

What Happens if You or Your Ex-Spouse Remarries in Texas? 

Your Own Remarriage

Remarriage impacts eligibility for Social Security benefits based on a former spouse’s record. If you remarry, you lose the right to claim benefits on your ex-spouse’s record—unless that subsequent marriage ends (by death, divorce, or annulment).

Your Spouse’s Remarriage

It does not work the same way if your former spouse opts for remarriage. If your ex-spouse remarries, it does not affect your ability to collect benefits based on their work history.

Contact Our Houston, TX Divorce Attorney Today

At Lindamood & Robinson, P.C., our Houston divorce lawyer has the skills, knowledge, and experience to help you navigate a gray divorce. If you have any questions or concerns about your divorce and its impact on Social Security, please do not hesitate to contact us for a fully confidential, no obligation initial consultation. We handle gray divorces throughout all of Southeast Texas.

Source:

abcnews.go.com/US/gray-divorce-rates-rise-women-open-becoming-single/story?id=116371849#:~:text=This%20phenomenon%2C%20often%20referred%20to,divorce%20were%2050%20or%20older.