Getting divorced can bring about a lot of uncertainty, especially when it comes to finances. For divorcees who are planning ahead, or for those who are already retired, Social Security benefits may be the difference between living comfortably or on a shoestring budget. Lots of folks wonder if the cash flow from their former partner’s Social Security will still be up for grabs after they part ways. For many, the answer is yes, you could snag “divorced spouse benefits” based on your ex’s work record in many cases, but the Social Security Administration (SSA) has conditions you need to meet to get them.
1. How Long You Were Married
To get benefits based on your ex-spouse’s earnings, your marriage must have lasted at least 10 years. Marriages shorter than 10 years don’t qualify you for benefits tied to your ex-spouse’s work history.
2. Your Age
You need to be 62 or older to claim divorced spouse Social Security benefits. If you’re under 62, you can’t receive these benefits, but you might still qualify through your own work record.
3. Your Marital Status
If you’ve remarried, you can’t get benefits based on your ex-spouse’s earnings, but if your new marriage ends, you can become eligible again for benefits tied to your first (or later) spouse’s work history.
FAQs
1. Does my ex-spouse need to be getting benefits for me to receive them?
You can claim Social Security benefits based on your ex-spouse’s record even if they aren’t receiving them yet. If your ex-spouse is eligible for Social Security, whether they’ve started claiming it or not, you also qualify, assuming you meet the above criteria. The SSA might let you claim a divorced spouse benefit even if your ex-spouse hasn’t applied for Social Security benefits. You can apply for benefits using your former spouse’s record, provided you divorced at least two years before applying, even if they haven’t retired.
2. Can I collect my own benefits in addition to divorced spouse benefits?
If you can get Social Security benefits from your own work history, you can opt to get benefits from your ex-spouse’s record, but the SSA will not allow double-dipping. Instead, they will give you the bigger of the two amounts. You won’t get both benefits, but the SSA will give you the one that’s better for you.
3. Will my ex-spouse’s new marriage stop me from getting divorced spouse benefits?
Your ex-spouse getting married again doesn’t stop you from getting Social Security benefits based on their record. Even if they marry someone else, you can still get benefits based on what they earned.
4. How long will I get divorced spouse benefits?
After you start getting divorced spouse benefits, you can keep receiving them as long as you qualify—which means until you remarry or your former spouse passes away. If your ex-spouse dies, though, you might be able to get widow or widower benefits, which can sometimes pay more than divorced spouse benefits.
5. How much will I get in divorced spouse benefits?
If you can claim Social Security benefits based on your ex-spouse’s record, how much you can get depends on these factors:
• Your ex-spouse’s earnings: The more your ex brought in, the more your Social Security benefits are boosted. Social Security calculates benefits based on a person’s average lifetime earnings.
• Your age when you start claiming benefits: If you begin at 62, the earliest age to claim, you’ll get 32.5 percent of your ex-spouse’s full benefit. This percentage increases each month you wait. It maxes out at 50 percent if you file at your full retirement age, which is 67 for those born in 1960 or later.
If you start getting benefits at your full retirement age, you can get up to 50 percent of your ex-spouse’s benefit. If you begin earlier, your benefits will be lower.
6. What papers do I need to show when asking for divorced spouse benefits?
Along with filling out the benefits form, the SSA might ask you to bring papers to prove you qualify such as:
• Birth certificate or other proof of when you were born
• Proof that you’re a U.S. citizen or legal alien if you weren’t born in the United States
• U.S. military discharge papers if you served in the military before 1968
• W-2 forms or self-employment tax returns from last year
• Final divorce decree
• Marriage certificate
TLDR
• You can get Social Security benefits based on your ex-spouse’s earnings if you meet the eligibility requirements.
• Your marriage needs to have lasted at least 10 years.
• You need to be at least 62 years old.
• You can’t be married right now.
• Your ex-spouse must qualify for Social Security even if they’re not claiming it yet.
• The amount you get will be up to 50 percent of your ex-spouse’s benefit, depending on when you start taking the benefits.
Conclusion
Figuring out Social Security benefits after a divorce can be tricky, but knowing if you qualify for divorced spouse benefits can help you get extra money. Make sure you have all the important facts about your marriage and your ex-spouse’s Social Security eligibility to make your application go smoothly. If you’re not sure how this applies to you, think about talking to a financial advisor or reaching out to the SSA for help