Social Security Benefits after your South Carolina Divorce:

When you become divorced in South Carolina, it is important to understand how your change in marital status can affect various rights you or your spouse may have. One potential right that may be implicated is your right to claim Social Security benefits, and it is important to understand your options so that you may make informed decisions moving forward.

For example, if your marriage lasted longer than ten (10) years, you may receive benefits on your ex-spouses’ record if you remain unmarried (unless your new spouse died), are age 62 or older, your ex-spouse is entitled to Social Security retirement or disability benefits AND the benefit you are entitled to receive based on your own work is less than you would received based on your ex-spouses’ work. Additionally, so long as you’ve been divorced for two (2) years, you can receive benefits on your ex-spouses’ record even if they have not applied for benefits so long as they are eligible. If you meet these requirements you may choose to claim the “divorced spousal benefit” which would be equal to one-half of your ex-spouses’ full retirement or disability benefit so long as you wait until your full retirement age.

It is worth noting that you also have certain options when choosing whether or not to exercise your ability to elect the ‘divorced spousal benefit.” For example, if you are eligible for your own retirement benefits, Social Security will pay that amount first, but if the benefit on your ex-spouses’ record is higher, you will get a combination of the benefits that equals the higher amount. Also, if both you and your ex-spouse are eligible for benefits and have reached full retirement age, it may behoove you to elect to receive only your ex-spouses’ benefits now while deferring your own benefits to a later date.

No matter what decisions you make for yourself, and no matter the issue, it is crucial to understand your options so that the decision you do make is a smart one. If you find yourself going through a divorce in South Carolina, be mindful of the options available to you with regard to Social Security benefits.