How is Social Security Divided after Divorce. Does each party get 50%

Asked over 1 year ago - Arvada, CO

My wife who is disabled as has not worked enough for social security benefits is divorcing me. When she and I reach retirement age, how is my social security, which she can claim on, distributed. Does each party get the full amount?, meaning the Govt would pay twice as much, or is it divided 50/50. I expect it is the latter, but I need to be sure about this. Also, if it is the former, when retirement age is reached, could I make a legal agreement now to give her my half then, in exchange for a better settlement now. I was told in a recent post that it can't be legally transferred as such, but maybe it can be done this way.


Attorney answers (4)

  1. Karl J Geil

    Contributor Level 18


    Lawyers agree

    Answered . Divorce courts have no authority whatsoever over any kind of Social Security benefits. When you retire, you will get whatever benefits you have "earned" according to federal law at the time of your retirement. Her "making a claim" on your benefits does not reduce your benefits. This answer is provided as general information about a legal issue, is not legal advice... more
  2. Paula Brown Sinclair

    Contributor Level 20


    Lawyers agree


    Answered . You need competent experienced representation in your divorce. As caring and knowledgeable as are the volunteer attorneys on Avvo, we can only provide general information about the law and legal procedure, which we did for you earlier. I thought I explained clearly that your rights are not transferrable to anyone else, and an ex-spouse who has been married to you not less than ten years has a right to benefits on your account upon reaching a certain age. This public forum is ill-suited to advising strategy in a specific case. What you can do in the way of a settlement agreement with your wife, and what you should do, are proper topics for advice from local counsel.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  3. J. Richard Kulerski

    Contributor Level 20


    Lawyers agree

    Answered . Contact your local social security office for the straight scoop.

  4. Clifford Michael Farrell

    Contributor Level 19


    Lawyers agree

    Answered . If the practice area is changes to family law, you may get more responses.

    The exact answers to questions like this require more information than presented. The answer(s) provided should... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce and social security benefits

Eligibility to receive social security benefits depends on certain guidelines including age and length of marriage.

Tracey M. Martin-Henry

Divorce: Senior Citizen-Style

Divorce and Separate Maintenance Michigan is a no fault divorce state. This means neither party needs to show fault for the breakdown of the marriage to obtain a divorce. However, fault... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

25,975 answers this week

3,048 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,975 answers this week

3,048 attorneys answering