Divorce and Social Security: What You Should Know

June 2, 2009 — -- Last week, I wrote about the importance of giving serious thought to when and how to begin collecting Social Security retirement benefits.

The column generated a whole lot more feedback and questions than I would have ever imagined. The questions all focused on ways to maximize Social Security benefits under a variety of circumstances.

By far, the leading category of questions came from divorced women who wondered about collecting Social Security based on the earnings records of their former husbands. Given the predominance of this category, I decided this week to address a typical question I received on the divorce issue.

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Q: I was married for almost 25 years. My husband divorced me to marry another. I was told by my lawyer that because we were married for more than 10 years, I could collect against his Social Security because the amount would be higher than mine. He has been married to his second wife for more than 10 years, and he is still living. If I collect against his (Social Security earnings record) and he dies, will I then be able to collect on what I have earned over the years, or am I out of luck? Would it be best for me to just forget about his?-- J.G., Milford, Ohio

J.G., you absolutely should be looking at your former husband's Social Security earnings record when planning for your own retirement. In fact, it's a critical issue that should be considered before the divorce paperwork is finalized.

While you should always check with your personal attorney for specific advice on your individual case, here are some general points to keep in mind: Let me start by explaining the basic rules about Social Security benefits, as it relates to divorced couples. The basic rule is that any time a marriage lasts 10 years or more, the divorced spouse with the lower earnings record can collect retirement benefits based upon the record of the higher-earning spouse.