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We know that The Social Security Fairness Act was signed into law on January 5th, 2025, and that it will affect the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP). While we know many of the details surrounding this law, certain details still have not been clarified. We have logged this as part of our Guide Audit Process and will be prepared to update this guide as soon as more updates are provided by the SSA. Click on the Learn More button for an official link to track those updates.
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Retirement/Decumulation

Social Security Benefit Rules For Divorced Spouses

Updated 12/1/2024

Am I Eligible For Social Security Benefits If I Have Been Divorced?

Social Security benefits can be confusing for a divorced client. There are several important and unique issues that must be considered before filing a claim to collect Social Security benefits.

To help make the analysis easier, we have created the “Am I Eligible For Social Security Benefits If I Have Been Divorced?” flowchart. It addresses these common Social Security issues that arise for clients who have experienced a divorce, including:

  • How the length of a marriage affects eligibility
  • Impact of multiple divorces
  • How the time since the divorce occurred affects eligibility
  • Age that benefits can be collected
  • Possible reduction in benefits if collected before Full Retirement Age
  • Impact of a remarriage
Related Guides
Social Security Disability Benefit Rules
Category: Retirement/Decumulation
Surviving Spouse Social Security Benefit Rules
Category: Retirement/Decumulation
Spousal Social Security Benefit Rules
Category: Retirement/Decumulation
Social Security Benefit Reduction Rules
Category: Retirement/Decumulation
Social Security Retirement Benefit Issues
Category: Retirement/Decumulation
Social Security Fairness Act Rules
Category: Retirement/Decumulation

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