Divorce reshapes many aspects of your life—where you live, your financial outlook, and your long-term planning. One area that’s often overlooked during this transition is Social Security. Whether you’re approaching retirement or already collecting benefits, divorce can have a significant impact on what you're eligible to receive. At Genus Law Group, we help New Mexico residents understand how divorce affects their Social Security entitlements and make informed choices about their financial future.
Claiming Social Security on an Ex-Spouse’s Record
You may be surprised to learn that you can receive Social Security benefits based on your ex-spouse’s work record—even after divorce. This option is especially valuable if your ex earned more than you during your marriage. To qualify, your marriage must have lasted at least ten years, you must be at least 62 years old, and you must not be currently married. If those conditions are met, you may be eligible to receive up to 50% of your ex-spouse’s full retirement benefit.
It’s important to note that this benefit doesn’t impact your ex’s current or future benefits in any way. If they’ve remarried, their new spouse’s benefits won’t be reduced, and neither will theirs.
What Happens If Your Ex Isn’t Collecting Yet?
Even if your ex hasn’t started drawing their Social Security, you can still apply for benefits based on their record—as long as you’ve been divorced for at least two years and your ex is eligible to receive benefits. You do not need to wait for them to file. This allows you to claim benefits independently, without depending on your ex’s timing.
Remarriage and Its Consequences
Your marital status at the time of claiming benefits is critical. If you remarry before age 60, you usually won’t be able to claim benefits based on your ex-spouse’s record. However, if you remarry after 60—or if your subsequent marriage ends in divorce or death—you may still be able to claim divorced spouse or survivor benefits from your prior marriage, if it provides a higher benefit.
These rules are designed to ensure that surviving ex-spouses and divorced individuals with long-term marriages aren’t left without support in retirement.
Survivor Benefits After Divorce
In the event your former spouse passes away, you may qualify for survivor benefits, which are typically higher than standard spousal benefits. To be eligible, you must be at least 60 years old (or 50 if disabled), and your previous marriage must have lasted at least ten years. Survivor benefits can be up to 100% of your ex-spouse’s benefit amount and may provide essential income in retirement, especially for those who did not have long work histories of their own.
Even if your ex had remarried, you may still qualify for survivor benefits if your marriage met the basic requirements.
Applying for Divorced Spouse Benefits
Applying for benefits based on an ex-spouse’s work record requires proof of your marriage and divorce, along with your personal identification. Even if you no longer have access to your ex-spouse’s Social Security number, the Social Security Administration can assist you as long as you provide sufficient identifying information.
You can begin the application process online, by phone, or at a local Social Security office. It’s a good idea to talk to an experienced family law attorney before applying to ensure you’re maximizing the benefits available to you.
Legal and Financial Guidance from Genus Law Group
While Social Security is a federal benefit program and not governed by state divorce laws, the financial decisions made during your New Mexico divorce can still affect your long-term eligibility and planning. At Genus Law Group, we help you evaluate how your divorce will affect your financial future, including your retirement and Social Security options.
We work with you to develop divorce settlements that account for your future needs—not just your current situation. Whether you're still in the middle of divorce or are reevaluating your post-divorce financial plans, our attorneys can provide guidance to help you protect what you’re entitled to.
Plan for a Secure Retirement
Social Security may seem like a distant concern during the stress of divorce, but it can be a critical component of your retirement income—especially if you spent years raising children or supporting your spouse’s career. Knowing your rights and options helps you make smarter decisions now that will benefit you later.
If you’re getting divorced or already have and want to know more about how it affects your Social Security benefits, contact Genus Law Group at 505-317-4455. We’re here to help you secure a financially stable future.
