Will a divorce impact my ability to collect Social Security benefits on the work record of my ex?

It depends. The simple litmus test is the 10-year rule: if the marriage lasted for more than 10 years, then yes, a lower-earning spouse can collect benefits based on the higher-earning spouse’s record.

If the marriage did not last 10 years, then no, the Social Security Administration will not pay benefits to one spouse on the record of another. If this is an issue, mediation can help spouses find and draw up alternative spousal support agreements that work for both parties.

Couples nearing or at retirement age should proceed with the divorce process carefully. There are some rules about when divorced spouses can apply for benefits based on the record of a higher-earning spouse. In addition, there are some complications if one spouse would like to retire early.

The mediation process can help a divorcing couple get an accurate picture of the different Social Security scenarios, and then ensure that the rest of the settlement agreement is in line with that picture.

Other Frequently Asked Questions about Mediation