Ask the expert: How divorce affects Social Security

My husband is divorcing me after 25 years of marriage. The petition his attorney drew up states that my husband will receive all Social Security accrued in his name. If I sign this, am I in danger of being denied a portion of his Social Security?

No. Social Security benefits can't be forfeited in a divorce. But you're mistaken in describing your benefit based on his work record as "a portion" of your husband's benefit. Your spousal benefit doesn't reduce the amount he gets.

If you're divorced, were married at least 10 years, and haven't remarried, you can claim a Social Security benefit based on your ex's work record. (It's the same spousal benefit you could claim if you were still married.) But your entitlement won't affect him or his current spouse. Indeed, if he had six former wives who all met the eligibility requirements, each of them could claim a benefit based on his work record without reducing his benefit or his current wife's benefit.

This isn't as bountiful as it sounds. For one thing, there's rarely more than one eligible ex spouse. (Larry King has been married eight times, for example, but only one of those marriages lasted 10 years.)

Also, being eligible to claim a benefit doesn't necessarily mean you'll collect it. You get a Social Security benefit based on your own work record or your spousal benefit, whichever amount is greater. The maximum spousal benefit is 50 percent of the amount your ex is entitled to receive. So if your Social Security benefit based on your own work record is $1,200 a month, and your benefit based on your ex's record is $800, you'll get $1,200.

The bottom line Social Security benefits cannot be negotiated in a divorce.

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