Divorce can bring significant financial challenges, especially as retirement approaches. However, under certain conditions, the Social Security Administration (SSA) allows divorced spouses to claim benefits based on their ex-spouse’s earnings record.
This provision can offer much-needed financial support without affecting the primary beneficiary’s own benefits. Here’s everything you need to know about eligibility, benefit amounts, and how to apply.
Eligibility Requirements
To qualify for Social Security benefits as a divorced spouse, you must meet the following criteria:
- Marriage Duration: You must have been married to your ex-spouse for at least 10 years before the divorce. This is a strict requirement for eligibility.
- Divorce Finalization: If your ex-spouse is not yet receiving benefits, the divorce must have been finalized for at least two years.
- Age Requirement: Both you and your ex-spouse must be at least 62 years old.
- Marital Status: You must remain unmarried to claim benefits. However, exceptions apply if a second marriage ends in divorce or widowhood.
It’s important to note that eligibility is based on your ex-spouse’s work history, and you can still claim benefits even if your ex-spouse has remarried.
Amount
The amount you can receive as a divorced spouse depends on the following factors:
- Full Retirement Age (FRA):
- If you claim benefits at your Full Retirement Age (66-67, depending on your birth year), you may receive up to 50% of your ex-spouse’s full retirement benefit.
- Early Claiming Reductions:
- If you apply for benefits before reaching FRA, the amount you receive will be reduced.
- No Impact on Others:
- Your ex-spouse’s benefits, as well as their current spouse’s benefits, will remain unaffected by your claim.
This setup ensures your claim is independent and does not financially harm your ex-spouse or their current family.
How to Apply
If you meet the eligibility criteria, you can apply for Social Security benefits based on your ex-spouse’s earnings record. Follow these steps to begin the process:
- Gather Required Documents:
Prepare the following information:- Your birthplace and Social Security number (SSN).
- Your most recent employment history.
- Your ex-spouse’s birthday and SSN.
- Dates of your marriage and divorce.
- Location details (country, state, city) of your marriage.
- Your bank’s direct deposit routing number and account number.
- Submit Your Application:
- You can apply in person at your local Social Security office or online at ssa.gov.
- During the application process, the SSA will automatically evaluate your eligibility for benefits based on both your own work history and your ex-spouse’s record.
- Benefit Calculation:
- If your personal benefit is less than the amount you qualify for through your ex-spouse, the SSA will calculate and pay the difference.
Key Points
- Claim Timing:
If eligible, you can choose to defer your own Social Security benefits while claiming your ex-spouse’s benefits. This allows your personal benefit to grow until you reach FRA or even age 70. - Independence of Claims:
Your claim does not reduce your ex-spouse’s benefits or their current spouse’s benefits. - FRA Advantage:
Waiting until FRA to claim ensures you receive the maximum allowable amount, up to 50% of your ex-spouse’s full benefit.
Significant
Social Security benefits for divorced spouses can provide a financial safety net during retirement. If you meet the requirements—such as a 10-year marriage, finalized divorce, and being at least 62 years old—you can access up to 50% of your ex-spouse’s retirement or disability benefits.
The process is straightforward, requiring basic information about you and your ex-spouse. Applying online or at a Social Security office ensures that you can explore all available options, including deferring your own benefits to maximize your income.
Knowing your rights and taking action early can help secure a more stable financial future in retirement.
FAQs
Can I claim Social Security benefits from my ex-spouse?
Yes, if you were married for at least 10 years and meet age and marital status requirements.
How much of my ex-spouse’s benefits can I receive?
You may receive up to 50% of your ex-spouse’s benefits if you claim at Full Retirement Age.
Does claiming my ex’s benefits affect their payout?
No, your claim does not reduce your ex-spouse’s or their current spouse’s benefits.
What if I remarried?
You cannot claim benefits from your ex-spouse if you are currently married, unless the new marriage ends.
How do I apply for spousal Social Security benefits?
Apply online at ssa.gov or at your local Social Security office with required documents.