Divorce can bring about a lot of uncertainty, especially when it comes to financial matters. One question that often arises is whether you can still receive Social Security benefits based on your ex-spouse's work record after a divorce. The answer for many is yes, you may be eligible for Social Security payments related to your ex-spouse, called “divorced spouse benefits.” However, the Social Security Administration (SSA) requires certain conditions and to be met to qualify for these benefits.
1. Length of Marriage
To qualify for benefits based on your ex-spouse’s earnings, you must have been married for at least 10 years. If the marriage lasted less than 10 years, you will not be eligible for benefits based on your ex-spouse’s work record.
2. Your Age
You must be at least 62 years old to qualify for divorced spouse Social Security benefits. If you are younger than 62, you cannot receive benefits, although you may still be eligible for other types of benefits through your own work record.
3. Your Marital Status
If you are currently remarried, you generally cannot claim benefits based on your ex-spouse’s earnings. However, if your subsequent marriage ends in divorce, death, or annulment, you can become eligible again for benefits based on your first (or later) spouse's work record.
Social Security and Divorce Frequently Asked Questions (FAQ):
1. Does my ex-spouse have to be receiving benefits for me to receive them?
Your ex-spouse does not have to be receiving Social Security benefits for you to claim them. As long as your ex-spouse is eligible for Social Security, whether or not they’re claiming it yet, you can qualify. Even if your ex-spouse has not yet applied for Social Security benefits, the SSA may still allow you to claim a divorced spouse benefit. You can apply for benefits on your former spouse’s record, even if he or she hasn’t retired, as long as you divorced at least two years before applying.
2. Can I collect my own benefits in addition to divorced spouse benefits?
If you qualify for Social Security benefits based on your own work history, you can still claim benefits based on your ex-spouse’s record, but the SSA will only pay the higher of the two amounts. You won’t receive both benefits; instead, the SSA will provide whichever is more advantageous to you.
3. Will my ex-spouse’s remarriage affect my ability to claim divorced spouse benefits?
Your ex-spouse’s remarriage does not impact your ability to claim Social Security benefits based on their record. In fact, even if they remarry, you can still claim benefits based on their earnings.
4. How long will I receive divorced spouse benefits?
Once you begin receiving divorced spouse benefits, you can continue to receive them for as long as you qualify—meaning until you remarry or your ex-spouse dies. If your ex-spouse dies, you may be eligible for widow or widower benefits, which can sometimes offer higher payments than divorced spouse benefits.
5. How much will I receive in divorced spouse benefits?
If you are eligible to claim Social Security benefits based on your ex-spouse’s record, the amount you can receive depends on the following factors:
- Your ex-spouse’s earnings: The higher your ex-spouse's earnings, the higher your benefits may be. Social Security benefits are calculated based on an individual's average lifetime earnings.
- Your age when you begin taking benefits: If you begin your benefits at age 62, the minimum claiming age, you can collect 32.5 percent of your ex-spouse’s full benefit amount. The percentage goes up incrementally for each month you wait, maxing out at 50 percent if you file for benefits at your full retirement age, which is 67 for people born in 1960 and after.
If you begin receiving benefits at your full retirement age, you can receive up to 50 percent of your ex-spouse’s benefit. If you start earlier than that, your benefits will be reduced.
6. What documents will I need to provide when applying for divorced spouse benefits?
In addition to filling out the benefits application, the SSA may ask you to provide documents to show that you are eligible, such as:
- Birth certificate or other proof of birth
- Proof of U.S. citizenship or lawful alien status if you were not born in the United States
- U.S. military discharge papers if you had military service before 1968
- W-2 forms or self-employment tax returns for last year
- Final divorce decree
- Marriage certificate
Key Takeaways
- You can receive Social Security benefits based on your ex-spouse’s earnings, provided you meet the eligibility requirements.
- Your marriage must have lasted at least 10 years.
- You must be at least 62 years old.
- You must not be currently married.
- Your ex-spouse must be eligible for Social Security, even if they’re not yet claiming it.
- The amount you receive will be up to 50 percent of your ex-spouse’s benefit, depending on when you start taking the benefits.
Navigating Social Security benefits after a divorce can be confusing, but understanding your eligibility for divorced spouse benefits can help secure additional financial support. Be sure to gather all the necessary details about your marriage and your ex-spouse’s Social Security eligibility to ensure your application process goes smoothly. If you're unsure about how this applies to your unique situation, consider speaking with a financial advisor, contacting the SSA for guidance, or scheduling a consultation with Hunt Law Firm for more information on your specific situation.