30 Sep What happens to Social Security spousal benefits when living out of the U.S.?

Q. I live in Colombia, South America. We were married and living in the United States for 17 years. The marriage was registered at the Colombian consulate so it is also considered a marriage in Colombia. We have now divorced here in Colombia where the laws here indicate that once a couple is divorced, the spouse does not have the benefit of collecting the ex-spouses retirement funds. Since we are divorcing in Colombia, wouldn’t the laws of this country dictate the issue of Social Security benefits from an ex-spouse even if the benefits are from the U.S.?
— Unsure

A. Yours is a complicated question.

You didn’t say whether you and your ex ever became U.S. citizens while living in the U.S.

Assuming you did not become U.S. citizens, you may have been holders of a Green Card, also known as a Permanent Resident Card, which allows you to live and work permanently in the U.S.

Green Cards holders who had Social Security numbers and paid into the Social Security system and are otherwise eligible to receive Social Security benefits, said Michael Maye, a certified financial planner and certified public accountant with MJM Financial in Gillette.

“In the U.S. Social Security system, one can be eligible for Social Security benefits based on an ex-spouse’s Social Security record,” Maye said. “The good news is even if an ex-spouse is eligible for Social Security based on their ex-spouse’s earnings record, that has no negative impact on their ex-spouse’s social security benefit.”

There are eligibility requirements to file for Social Security based on an ex-spouse’s earnings record including the length of marriage and not getting married again.

In terms of a Colombian divorce settlement, how each spouse’s receipt of U.S. Social Security income will impact the divorce settlement, so you should speak to both Colombian and U.S. legal representation as needed.

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This story was originally published on Sept. 30, 2022.

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