Last updated on April 8, 2021

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To help ensure accuracy, this page was written, edited and is periodically reviewed by a knowledgeable team of legal writers per our editorial guidelines. It was approved for publication by founding attorney Samuel Siemon, who has amassed extensive experience as a Georgia family law attorney. Our last modified date shows when the page underwent a review.

Don’t miss out on this source of income after divorce

Regardless of the ages of spouses who are getting divorced in Georgia, their financial outlook as single people may not be as rosy as it was when they pooled their incomes and shared expenses. However, the closer they are to retirement, the more important it is for each of them to maximize their income potential. After the age of 62, the pressure to identify more financial resources may be significantly greater.

U.S. News and World Report notes that those who have been married for 10 years or more may have the ability to file for spousal benefits with the Social Security Administration, regardless of how long ago they divorced. In fact, the divorced person has an advantage over one who is still married because a husband or wife must wait for the other spouse to file before filing a claim for benefits based on his or her work record. But, a person who has been divorced may file for spousal benefits at the age of 62, even if the former spouse who is at least 62 years old has not yet filed.

According to the Social Security Administration, there are other guidelines to consider before filing for social security benefits after divorce. For example, a person who remarries is no longer eligible for benefits on his or her former spouse’s work record. Also, the divorce must have been at least two years prior to filing, and any benefits a person qualifies to receive would be paid before spousal benefits could be added to that, up to the total amount of the higher benefit amount. People do not lose any of their own benefits if a former spouse files for spousal benefits.

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