Is there any risk to being separated, but not divorced?

Published: June 27, 2024

Full question: My spouse and I have been separated for 20 years but not legally divorced. I am planning on applying for my Social Security benefits soon, I am still working but at full retirement age, almost 69 actually. Is there any risk because we are still legally married?

Hi there,

No, there is no risk about still being married.

In fact, you should be aware that you are eligible for two benefits, your own retirement benefit and also a spousal benefit, but will only receive the higher of the two amounts when you apply.

For personalized assistance, you can work with an RSSA here.

Take care,

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