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Social Security and Divorce

As long as an individual was married at least 10 years, was divorced, and is currently single, he or she can collect Social Security benefits on an ex-spouse's earning record as if they were still married. This applies even if the former spouse has remarried.

An additional benefit for spouses born on or before January 1, 1954, is that a divorced individual can restrict their claim to spousal benefits and allow their own retirement benefit to continue to grow by 8% per year, until they attain the age of 70. Unfortunately, individuals born on or after January 2, 1954, will be applying for all available benefits. This means that they will receive the higher of the spousal benefit, or their own benefit, but do not have the option to restrict their claim.

For more information on how divorce affects retirement decisions, contact the attorneys at SMDA, P.C. at (586) 264-3756.

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