Gray Divorce and Social Security Benefits | Tessmer Law Firm
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Divorce and Social Security Benefits

Social Security rules are complex, and a “gray” divorce or remarriage can affect your benefits. Although the court cannot divide Social Security benefits, many people going through a “gray” divorce may qualify for benefits based on their spouse’s earning history.



Under current Social Security rules, in order to qualify for benefits based upon a former spouse’s record, you must have been married for at least 10 years before divorcing; be at least 62 years old; remain unmarried; have a former spouse who is qualified for benefits; and be qualified for a lesser amount of benefits based on your record.