CDA Social Security & Government Benefits in Divorce 2 — Questions and Answers
Question 1: What is the minimum marriage duration required for a divorced spouse to receive Social Security survivor benefits on a deceased ex-spouse's record?
- 5 years
- 10 years (Correct answer)
- 15 years
- 20 years
Correct answer: 10 years
Survivor benefits for divorced spouses require the marriage to have lasted at least 10 years, identical to the threshold for spousal benefits.
Question 2: A divorced surviving spouse can begin receiving reduced Social Security survivor benefits as early as age:
- 60 (or 50 if disabled) (Correct answer)
- 62
- 65
- Full retirement age only
Correct answer: 60 (or 50 if disabled)
Divorced surviving spouses can collect reduced survivor benefits starting at age 60, or age 50 if disabled, which is earlier than the spousal benefit start age of 62.
Question 3: If a divorced spouse qualifies for both their own Social Security retirement benefit and a divorced spouse benefit, Social Security will pay:
- Both amounts added together
- Whichever amount is higher (Correct answer)
- The average of the two amounts
- Only the divorced spouse benefit
Correct answer: Whichever amount is higher
Social Security pays the higher of the two benefit amounts; a person cannot collect both their own benefit and the full divorced spouse benefit simultaneously.
Question 4: A divorced spouse survivor benefit can be as high as what percentage of the deceased ex-spouse's benefit?
- 50%
- 75%
- 100% (Correct answer)
- 150%
Correct answer: 100%
Survivor benefits can equal up to 100% of the deceased ex-spouse's benefit—higher than the 50% cap that applies to spousal benefits during the ex-spouse's lifetime.
Question 5: Which statement about Social Security benefits and divorce property division is correct?
- Social Security benefits can be divided as marital property by state courts
- Social Security benefits cannot be divided as marital property (Correct answer)
- Social Security benefits are divided equally between spouses upon divorce
- Courts routinely offset Social Security with pension division
Correct answer: Social Security benefits cannot be divided as marital property
Social Security benefits are governed exclusively by federal law and cannot be treated as marital property or divided by state divorce courts.
Question 6: If a divorced person remarries and the second marriage later ends in death or divorce, their eligibility to collect on the first ex-spouse's Social Security record:
- Is permanently terminated
- May be restored (Correct answer)
- Is automatically restored after exactly 1 year
- Transfers permanently to the second ex-spouse's record only
Correct answer: May be restored
If a subsequent marriage ends in death or divorce, eligibility to collect on the original ex-spouse's record may be restored under SSA rules.
Question 7: When helping a client develop a Social Security claiming strategy during divorce, a CDA should primarily:
- Always recommend filing at age 62 to lock in the benefit
- Always recommend waiting until age 70 for the maximum amount
- Evaluate the client's own benefit versus ex-spouse benefit and optimal age based on health, income needs, and life expectancy (Correct answer)
- File on the ex-spouse's record first and then switch to the own record
Correct answer: Evaluate the client's own benefit versus ex-spouse benefit and optimal age based on health, income needs, and life expectancy
Optimal claiming strategy is highly individualized and depends on health status, other income sources, relative benefit amounts, and life expectancy projections.
CDA Social Security & Government Benefits in Divorce 2
What is the minimum marriage duration required for a divorced spouse to receive Social Security survivor benefits on a deceased ex-spouse's record?