Social Security Divorce Benefits
Social Security divorce benefits let a divorced person claim retirement benefits based on an ex-spouse's earnings record if the marriage lasted at least 10 years and certain conditions are met. These benefits are governed by federal law, not Florida divorce law, and claiming them does not reduce what the ex-spouse receives. They can be an important part of retirement planning after a Florida divorce, especially for a spouse with lower lifetime earnings.
Last updated June 21, 2026
Legal Definition
A federal Social Security entitlement allowing a divorced spouse to receive derivative benefits on a former spouse's record where the marriage lasted at least 10 years, the claimant is unmarried and at least 62, and the derivative benefit exceeds the claimant's own. These benefits arise under federal law and are not divided by a Florida equitable distribution order.
Example
Because their marriage lasted 14 years, she explored Social Security divorce benefits on her ex-husband's record before claiming her own.
Related Terms
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