Divorce and Social Security Benefits in Colorado

Facing divorce in your 50s or 60s can trigger a single, terrifying question: “Will I be able to afford retirement without my spouse’s Social Security?” If you spent years raising children, working part-time, or earning less than your spouse, the idea of losing access to their higher benefit can feel like the ground shifting under your feet. That fear is real, especially if retirement is no longer decades away.

For Colorado residents, the situation can seem even more confusing. Social Security is federal, Colorado divorce law is state-specific, and online information often blurs the two. You may hear friends say things like “The judge will split his Social Security” or “Once you are divorced, you are on your own,” without any explanation of what is actually true. In the middle of an emotional breakup, most people do not have the bandwidth to decode complex federal rules on their own.

Attorneys at Johnson Law Group regularly guide Colorado clients through divorces that raise difficult questions about retirement, Social Security, and long-term financial security. This article walks through how Social Security works in the context of divorce for Colorado residents, so you can make informed choices and discuss the right questions with your legal team.

Divorce can impact your Social Security benefits—get clear answers from experienced attorneys at Johnson Law Group. Call (720) 744-3513 or schedule your consultation today.

How Divorce Affects Social Security for Colorado Residents

Many people assume that once the divorce decree is signed, any right to Social Security based on a former spouse simply disappears. In reality, Social Security is a federal program with its own rules, and those rules give divorced spouses certain rights that your Colorado divorce judge cannot take away or trade. At the same time, the choices you and your attorney make in your Colorado case can strongly affect how secure those federal benefits feel when you reach retirement age.

Social Security retirement benefits are built on work records. Every person who pays Social Security taxes over time builds a history of covered earnings. The Social Security Administration uses that history to calculate a primary insurance amount, which is the base for three main types of benefits that matter in divorce. Those are your own retirement benefit, a divorced spouse benefit based on your former spouse’s record, and a divorced survivor benefit if your former spouse dies.

Under federal law, Colorado courts generally cannot divide Social Security as marital property the way they might divide a 401(k) or pension. The judge does not award you half of your spouse’s Social Security. That does not mean Social Security is irrelevant to your case. Experienced Colorado family law attorneys look at expected Social Security income when advising on property division and spousal maintenance, because those benefits will be a key part of how you support yourself later.

Johnson Law Group brings big firm experience and a holistic mindset to this analysis. Their attorneys understand that a fair settlement is not only about who gets which account today, but also about whether each spouse will have a realistic income in their 60s and beyond. That is why conversations about assets, maintenance, and Social Security are often woven together when they design a strategy for a Colorado divorce.

Divorced Spouse Benefits: When You Can Use Your Ex’s Work Record

One of the most misunderstood parts of Social Security is the divorced spouse benefit. Federal rules allow many divorced people to receive a retirement benefit based on an ex-spouse’s work record, even after years of separation. For Colorado residents who earned significantly less than a former spouse, this can be the difference between scraping by and having a more stable monthly income in retirement.

To qualify for a divorced spouse benefit, several conditions usually must be met. The marriage must have lasted at least 10 years, you must be divorced, you generally must be age 62 or older, and you must be currently unmarried at the time you apply. Your former spouse must have worked enough to qualify for Social Security. In many situations, if you have been divorced for at least two years, you can claim on your ex’s record even if they have not yet started taking their own benefits.

If your own retirement benefit, based on your personal work history, is lower than the divorced spouse benefit, Social Security can pay you up to 50 percent of your former spouse’s full retirement benefit instead. You do not receive both amounts stacked together. Instead, SSA looks at your own benefit and your potential divorced spouse's benefit and pays you the higher of the two once you qualify.

Consider a simple example. Imagine you worked part-time for many years in Colorado while your spouse worked full-time with higher earnings. At full retirement age, your own benefit might be lower, while a divorced spouse's benefit based on your ex’s record might be significantly higher. In that scenario, SSA could pay you the higher amount tied to your ex’s record, as long as the 10-year marriage and other conditions are met.

Several myths cause people to overlook these options. Claiming a divorced spouse benefit does not reduce your ex-spouse’s monthly check, and it does not reduce the amount their current spouse can receive. Your former spouse does not control whether you can claim on their record, and you do not need their permission or involvement to apply with Social Security. Attorneys at Johnson Law Group routinely explain these distinctions to clients and factor potential divorced spouse benefits into discussions about whether a proposed Colorado settlement truly provides enough long-term security.

Divorced Survivor Benefits After Your Former Spouse Dies in Colorado

Another piece of the puzzle is what happens if your higher-earning ex-spouse passes away before you. Federal law recognizes that divorced spouses can be financially vulnerable in that situation, particularly after long marriages where one spouse focused on the home or earned significantly less. This is where divorced survivor benefits come into play.

If your former spouse dies after working enough years to qualify for Social Security, you may be eligible for survivor benefits based on their record, even if you divorced long ago. To qualify as a divorced surviving spouse, you generally must have been married to your ex for at least 10 years, be at least age 60 (or 50 if you are disabled), and not currently be remarried in a way that disqualifies you. These benefits can reach up to 100 percent of your former spouse’s benefit amount, although actual payments depend on the age at which you claim.

Timing and remarriage play a major role. If you remarry before age 60, you typically lose eligibility for divorced survivor benefits based on your earlier ex’s record. If you remarry at age 60 or later, you may still qualify for divorced survivor benefits from the prior marriage. In some cases, people can claim a survivor benefit on an ex’s record at one age, then later switch to their own retirement benefit if that would be higher.

For example, imagine a Colorado resident who divorced after a 20-year marriage, then learned years later that a former spouse died. At age 60, that person might qualify for a divorced survivor benefit based on the ex’s higher earnings. If their own benefit at full retirement age would eventually exceed that survivor amount, they might use the survivor benefit in their early 60s and delay claiming on their own record until later to improve lifetime income. These are nuanced decisions that often benefit from both legal and financial guidance.

Why Social Security Is Not Divided in Colorado Divorce, and How It Still Matters

One of the biggest disconnects between what people expect and what actually happens in Colorado courtrooms involves how Social Security is treated. Many spouses assume the judge will simply award them a share of their husband’s or wife’s Social Security, just like a pension or 401(k). Federal law, however, does not allow Social Security benefits to be treated as divisible marital property in a divorce decree.

Colorado courts cannot order the Social Security Administration to pay a portion of one spouse’s benefit directly to the other as part of property division. Nor can spouses trade specific percentages of Social Security in a settlement. Any language in a divorce agreement that tries to assign Social Security benefits is not binding on SSA. The agency will follow federal eligibility rules, not the terms of a Colorado decree.

That does not mean Social Security is ignored. Judges and attorneys typically look at all known and expected income sources when assessing the fairness of a settlement, especially in cases involving spousal maintenance. A spouse with a strong individual Social Security record and large retirement accounts might reasonably be asked to share more property or pay maintenance, while a spouse with little or no Social Security of their own may need more support or a larger share of other assets to balance future income.

For example, in a long-term marriage where one spouse worked for decades in Colorado building a large Social Security record and substantial retirement savings, and the other stayed home with children, the non-working spouse may have divorced spouse benefit rights in the future. At the same time, that person’s limited earning history might justify a higher maintenance award or a greater share of certain assets. Experienced Colorado lawyers recognize that Social Security is part of the financial backdrop and negotiate accordingly, even though the benefit itself is not split on paper.

Johnson Law Group’s attorneys, who bring experience from larger firms, judicial offices, and legal service organizations, are accustomed to handling divorces that involve layered financial issues. Their commitment to quality and accountability means they take time to understand each client’s likely Social Security picture before recommending property and maintenance structures, instead of treating these federal benefits as an afterthought.

Key Timing Decisions: The 10 Year Rule, Remarriage, and When You Claim

Some of the most costly divorce mistakes happen around timing. Many Colorado residents are never told that waiting a few months to finalize a divorce, or carefully considering when to remarry, could affect their Social Security options for the rest of their lives. Because federal rules are rigid, understanding these timing issues before decisions are final is critical.

The 10-Year Marriage Rule

The 10-year rule is one of the most significant timing thresholds in a divorce. To qualify for divorced spouse or divorced survivor benefits based on an ex-spouse’s Social Security record, you generally must have been married for at least 10 full years.

• Finalizing a divorce, even a few months early, can permanently eliminate eligibility
• Couples sometimes reach mediation at 9 years and several months without realizing the financial impact
• In some cases, spouses choose to delay entry of the final decree to preserve eligibility

Remarriage and Its Impact on Benefits

• Remarriage can also affect future Social Security rights, depending on timing and the type of benefit involved.
• Remarrying usually ends eligibility for divorced spouse benefits based on an ex’s record
• For survivor benefits, remarriage before age 60 typically cuts off eligibility
• Remarriage at age 60 or later often allows survivor benefits to continue

These rules can create difficult choices for people who are ready to move forward personally but depend on anticipated retirement income.

When You Claim Social Security Benefits

The timing of when you claim benefits can significantly change monthly payments over your lifetime.

• Claiming retirement benefits before full retirement age results in a reduced amount
• Some individuals may claim a divorced spouse benefit first, then later switch to their own higher benefit
• Others may delay claiming altogether to allow benefits to grow

The right approach depends on marriage length, health, work plans, age, and the retirement assets involved in the divorce.

These are not one-size-fits-all decisions. At Johnson Law Group, timing questions are part of the strategic discussion from the beginning of a Colorado divorce, particularly in long-term marriages or cases involving spouses in their 50s and 60s. By weighing the short-term pressure to finalize against the long-term value of crossing key thresholds—such as the 10-year marriage mark or age 60 for remarriage—the firm helps clients make informed decisions with lasting financial consequences.

Common Myths About Social Security, Divorce, and Colorado Law

Misinformation about Social Security and divorce circulates constantly in conversations and online forums. Correcting these myths can protect Colorado residents from making irreversible choices during an already stressful time. Several misunderstandings show up again and again in Johnson Law Group’s family law consultations.

One widespread myth is that divorce automatically wipes out any right to claim Social Security based on your ex. In reality, if you were married at least 10 years and meet age and marital status requirements, you may still qualify for divorced spouse and survivor benefits long after the marriage ends. Another myth is that using your ex’s record will hurt them or their current spouse. Social Security does not reduce a worker’s benefit, or a current spouse’s benefit, because a former spouse qualifies on the same record.

Another common misconception is that you can simply write whatever you want about Social Security into a Colorado divorce decree, and the Social Security Administration will carry it out. Parties sometimes agree informally that one spouse will give up Social Security or that the other is entitled to half. SSA does not honor these private arrangements. Federal eligibility rules control which benefits are paid and in what amounts, regardless of what the decree says.

Clients also sometimes believe that Social Security will automatically alert them to the best way to claim or to the existence of divorced spouse benefits. In practice, SSA representatives typically answer the specific questions you ask, but they do not know your broader divorce context or long-term goals. Johnson Law Group views part of its role as being a Colorado North Star in this confusing landscape, offering clear, honest insights that align federal rules with the realities of Colorado family law.

Practical Steps to Protect Your Social Security Options During a Colorado Divorce

Talk With A Colorado North Star About Divorce & Social Security

Divorce in your 50s or 60s does not have to mean walking into retirement without a plan. Federal Social Security rules give many divorced Colorado residents important rights based on a former spouse’s work history, but those rules interact in complex ways with marriage length, remarriage, and the terms of your Colorado divorce. Understanding those intersections before you sign a settlement can help you avoid painful surprises later.

Johnson Law Group has built its family law practice around thoughtful, personalized guidance for Colorado families facing major life transitions. If you are considering divorce, already in a case, or trying to understand your Social Security options after a decree, a focused conversation with a Colorado attorney who understands both family law and long-term financial concerns can be invaluable. 

Contact Johnson Law Group or call (720) 744-3513 to discuss your situation and how Social Security may fit into your divorce strategy.