Question

My husband and I are divorcing after 18 years of marriage.  I stayed at home with our kids for nearly eight years, and even after I went back to work I never made nearly as much as he did.  We are dividing our other retirement accounts, but our divorce decree says nothing about social security.  Am I entitled to some of his social security, and do I lose this if it is not mentioned in the decree?

Answer

You may indeed be entitled to higher Social Security benefits based on your ex-spouse’s earnings; and it is not necessary to put this provision in your divorce decree.

Social Security Administration  rules allow many lower-earning ex-spouses to receive higher benefits based on their ex-spouse’s higher incomes.  The current rules require you to have been married for at least ten years; to be currently unmarried; to have been divorced for at least two years and to be at least 62 years old.  Your ex-spouse needs to be retired, eligible to retire, or deceased.

These additional benefits are not paid automatically. Your local Social Security Office can tell you how to apply.  In general, your benefit will be greatest if your ex-spouse has died, but any divorced person who was the lower earner during a marriage of at least 10 years should apply.

Generally Social Security benefits are not mentioned in divorce decrees at all, since their payment depends on SSA rules, rather than court orders.

For more information, see “If you are divorced” from the Social Security Administration.