What to Consider When You’re Considering Divorce: Navigating Social Security and Retirement Benefits During Divorce: What You Need to Know to Protect Your Future
When you're going through—or even just considering—divorce, it’s natural to focus on the present: housing, child support, daily expenses. But your long-term financial future matters just as much. Social Security, pensions, and retirement accounts can be among the most valuable assets to protect—and they’re often the most overlooked.
Whether you stayed home to raise children or were the primary breadwinner, this chapter will walk you through what happens to retirement benefits during divorce, how Social Security comes into play, what experts can help, and the exact steps you can take now to secure your future.
1. Understand the Division of Retirement Accounts
Why this matters:
Retirement accounts—like 401(k)s, IRAs, and pensions—are often considered marital property, even if only one spouse's name is on them. That means they may be divided in divorce.
Who can help:
A Certified Divorce Financial Analyst (CDFA) or divorce attorney can determine how your state handles retirement asset division and what portion you may be entitled to.
Action step:
Gather statements for all retirement accounts held by you and your spouse. Make a list that includes the type of account, the provider, and the current balance.
2. Learn How a QDRO Works
Why this matters:
A Qualified Domestic Relations Order (QDRO) is a legal document that allows a retirement plan to pay benefits to an ex-spouse. Without it, you may not be able to claim your share—even if the divorce agreement says you’re entitled to it.
Who can help:
A family law attorney or QDRO specialist can draft and file the correct documents with the court and the retirement plan administrator.
Action step:
Ask your attorney if a QDRO is required in your divorce. Don’t assume your share is secured until the order is accepted by the plan administrator.
3. Explore Your Eligibility for Social Security Benefits
Why this matters:
If you were married for at least 10 years, you may be entitled to claim Social Security benefits based on your ex-spouse’s record—even if they’ve remarried and even if you never worked.
Key points:
You must be at least 62 years old.
You must be unmarried (unless remarried after age 60).
Your own benefit must be lower than what you'd receive on your ex's record.
Who can help:
A Social Security specialist or financial advisor can help you compare your benefit options.
Action step:
Create a My Social Security account to check your current estimated benefits and compare potential spousal benefit scenarios.
4. Consider the Long-Term Tax Implications
Why this matters:
Some retirement accounts, like traditional IRAs or 401(k)s, are tax-deferred—meaning you’ll owe taxes when you withdraw funds. Knowing the real value of what you're receiving is crucial for planning.
Who can help:
A tax professional or CDFA can help assess post-tax value and suggest smart strategies to minimize tax liability.
Action step:
List which retirement assets are tax-deferred vs. post-tax (like Roth accounts). Ask your financial expert how taxes will affect your withdrawals in retirement.
5. Protect Yourself from Penalties
Why this matters:
Dividing retirement accounts incorrectly (e.g. via cash-out rather than QDRO) can result in early withdrawal penalties and tax consequences—sometimes up to 30% of the value lost.
Who can help:
Your attorney and a retirement account advisor can ensure the split is handled legally and efficiently.
Action step:
Before agreeing to any retirement division, ask: “Will this trigger penalties or taxes?” Get all transfers reviewed by a professional.
6. Plan for Post-Divorce Contributions and Catch-Up Options
Why this matters:
If you’re 50 or older, you may be eligible for catch-up contributions to retirement accounts. Rebuilding your savings post-divorce is possible—and often necessary.
Who can help:
A financial planner can help you create a post-divorce savings strategy and take advantage of catch-up limits.
Action step:
Open your own retirement account (if you don’t already have one) and set a monthly auto-contribution—even if it’s small. Consistency is key.
7. Review and Update Your Beneficiaries
Why this matters:
Divorce doesn’t automatically remove your ex-spouse as the beneficiary on retirement accounts or pensions. If you don’t update them, your ex could legally inherit your funds—even years later.
Who can help:
Your estate planner, HR representative, or account custodian can help you make updates.
Action step:
Review all accounts where you named a beneficiary—IRAs, 401(k)s, pensions, life insurance—and update them to reflect your current wishes.
8. Think Ahead to Your Full Financial Picture
Why this matters:
Your retirement plan isn't just about a 401(k)—it's about creating a stable, secure future. That includes Social Security, savings, debt, housing, and budgeting for longevity.
Who can help:
A divorce-savvy financial planner can help you develop a post-divorce retirement roadmap with real-life projections.
Action step:
Schedule a session with a financial planner to model what your retirement could look like based on different settlement options.
Divorce is a beginning—not the end—of your financial future. While it’s easy to focus only on the here and now, your future self deserves attention, too. Social Security, pensions, and retirement accounts aren’t just legal assets—they’re safety nets, freedom plans, and dreams-in-the-making.
At Fresh Starts Registry, we help you build your support team—including the legal and financial experts who know how to protect your future.
And don’t forget to grab our free e-book, Your Divorce Support Team, filled with 250+ questions to ask attorneys, financial advisors, and more so you don’t miss a thing.