How Are Social Security Benefits Impacted by Gray Divorce?

 Posted on March 14, 2025 in Divorce

Gray divorce – the term describing divorce that happens later in life – presents unique financial challenges, including how to address Social Security benefits. Divorce can affect Social Security income for older adults in Illinois and it is crucial to understand your options for protecting your financial future. An experienced Illinois divorce lawyer who has guided older clients through this process can help ensure you receive the benefits you are entitled to.

What to Know About Social Security Benefits After Divorce

Social Security benefits are governed by federal law, so the rules are the same across all states, including Illinois. However, it can still be challenging to navigate these rules during a divorce. Here is what you need to know:

Eligibility for Spousal Benefits

If you were married for at least 10 years, you may be eligible to claim Social Security spousal benefits based on your ex-spouse’s work record. This applies even after divorce. To claim these benefits, you need to be unmarried. You also need to be at least 62 years old and your ex-spouse also needs to be eligible, even if he or she does not need to actively claim them yet.

Benefit Amount

If you qualify, you can receive up to 50 percent of your ex-spouse’s Social Security benefit. This can be particularly helpful if you did not earn as much as your ex during your working years. Claiming spousal benefits does not reduce your ex-spouse’s Social Security payment, so it does not negatively impact him or her.

Survivor Benefits

If your ex-spouse passes away, you may be eligible for widow/widower benefits as long as your marriage lasted at least 10 years and you have not remarried before turning 60 (or 50 if you are disabled). Survivor benefits can be as high as 100 percent of your ex-spouse’s Social Security benefit amount, making this a significant factor to consider.

Impact of Your Work Record

If your personal Social Security benefit is higher than what you would receive from your ex-spouse’s record, you will automatically receive your own benefit instead. However, if your ex-spouse’s record offers more, you can claim that higher amount.

How Can an Experienced Divorce Lawyer Help?

A divorce lawyer who has worked with other clients in a similar stage in life can provide essential guidance when Social Security benefits are a factor. By understanding the unique aspects of a gray divorce, your lawyer can:

• Identify entitlements: A lawyer familiar with gray divorce cases can review your marital history and financial records to determine your eligibility for spousal or survivor benefits and ensure you receive what you deserve.

• Coordinate Benefit Strategies: Timing is critical when claiming Social Security benefits. A lawyer can advise you on the best time to file to maximize your financial stability, especially when balancing Social Security with retirement assets, pensions, or spousal support.

• Plan for asset division: Social Security is not considered a divisible marital asset in Illinois divorce. However, other retirement funds or financial resources may need to be adjusted to ensure you are protected in the long term and receive a fair share of your marital estate. A lawyer can negotiate a fair settlement that takes this into account.

Contact a DuPage County, IL Gray Divorce Lawyer

If you are navigating a gray divorce, preserving your financial security is likely a top priority. An experienced Lombard, IL family law attorney who understands the unique challenges of divorcing later in life can help you make informed decisions about Social Security benefits that secure your financial well-being. Call A. Traub & Associates at 630-426-0196 so we can help you plan and move forward with confidence and peace of mind.