Are you going through a divorce and wondering how it might impact your Social Security benefits as a Connecticut Resident? I’m Matt Dolan with Dolan Divorce Lawyers in Connecticut. In this article, I’ll explain how divorce can affect your Social Security and what you need to know to maximize your retirement benefits.
First, it’s important to understand that divorce does not reduce your Social Security benefits. Unlike pensions or other retirement accounts, Social Security benefits cannot be divided between spouses at the time of divorce.
In certain situations, a Connecticut divorce may actually allow you to continue to receive a higher Social Security benefit if you have been married for at least 10 years and have not remarried at the time you begin collecting Social Security.
If these conditions are met, you can collect either your own Social Security benefit or up to 50% of your former spouse’s benefit, whichever is higher.
An Important Note: If you start collecting benefits before full retirement age (between 66 and 67, depending on your birth year), the benefit may be reduced. You can begin collecting as early as age 62 or delay until age 70 to maximize your benefit.
Examples:
If your former spouse passes away, you may be eligible for survivor benefits in Connecticut through the Social Security program of up to 100% of your former spouse’s benefit (as long as you were married for at least 10 years and are not remarried).
You would receive the higher of your own benefit or 100% of your former spouse’s benefit. Early collection before full retirement age may result in a reduced percentage.
If you remarry after your divorce in Connecticut, you are no longer eligible for Social Security benefits based on your former spouse’s record. You may be eligible for your own benefit or a portion of your new spouse’s benefit if:
If you later divorce your new spouse, you can return to collecting benefits based on your first spouse, as long as those benefits are higher than your own.
No, Social Security benefits cannot be divided at divorce in Connecticut. However, courts can use alimony to equalize income disparities.
For example:
The court cannot take a portion of Spouse 2’s Social Security to give to Spouse 1. But the court can award $500/month in alimony to balance the income disparity.
So, how does divorce affect your Social Security benefits as a Connecticut resident? Let’s run through the key takeaways again. Divorce does not reduce your Social Security benefit. In fact, you may be eligible for higher benefits based on your former spouse’s record. Survivor benefits are available if your former spouse passes away, and remarriage may affect your eligibility for benefits from a former spouse. Courts can use alimony to address disparities, but cannot divide Social Security directly.
If you have further questions about Social Security and divorce, or if you need representation in a divorce or family law case, contact Dolan Divorce Lawyers today.
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