Social Security and Divorce

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This is an issue often overlooked when divorcing. You do have options when you get divorced…and if you have several ex-spouses you have several options…odd, but true. So here is how it goes.

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Spouse A (Wife) and Spouse B (Husband #1) are married for 10 years or more and then they get divorced,
Spouse A then remarries Spouse C (Husband #2). Now, after 10 years Spouse A and Spouse C divorce.
Now, Spouse A is eligible for social security and as long as the following criteria are met, Spouse A can choose to take her own social security, half of Spouse B’s social security or half of Spouse C’s social security, whichever is more.

The following criteria must be met:

1. Husband* is entitled to receive social security benefits;
2. The Wife is not married;
3. Wife is age 62 or over;
4. The wife is not entitled to a social security benefit based on her own record, which equals or exceeds one-half of the husband’s benefit.

If wife takes 1/2 of an ex-husbnad’s retirement, the amount husband receives is not affected. For example, if Husband was to recieve $600 per month and Wife took half ($300 per month) Husband still receives $600 per month.

*Husband is being used as an example, however, Wife could be the higher earner.

by: Jennifer Segura

Jennifer Segura with west coast family mediation center
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Jennifer Segura

Jennifer Segura is the founder of San Diego Family Mediation Center, where she has exclusively practiced family mediation since 2008. A graduate of San Diego State University and Thomas Jefferson School of Law (Cum Laude), she is also a Certified Divorce Financial Analyst (CDFA®) and a Certified Advanced Practitioner with the Academy of Professional Family Mediators. Jennifer combines her legal background with real-life experience — including her own divorce and personal loss — to guide families through separation with clarity, compassion, and financial insight.

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