Divorcing later in life, or just trying to plan ahead and get a more comprehensive financial picture? Here are ten things to know about Social Security benefits.
1. A marriage of at least 10 years triggers social security rights.
Ten years is defined as Date of Marriage to Date of Divorce. So, for example, even if you separated with your spouse at eight years, you may still be able to collect social security based on your ex-spouse's record, so long as the divorce was not finalized until you hit that 10-year mark.
2. Your benefit as a divorced spouse is equal to one-half of your ex-spouse's full retirement or social security disability benefit
This is assuming you start receiving benefits at your full retirement age. If you begin drawing from social security before your full retirement age, your benefits will be reduced.
3. Social security benefits that you (ultimately) receive based on your ex-spouse's contributions to Social Security do NOT reduce your ex's benefit.
4. You can collect benefits on your ex-spouse's record even if he or she has remarried if you meet some criteria
- You are unmarried
- You are 62 years old or older
- Your ex-spouse is entitled to social security retirement or disability benefits
5. Your benefit is based on...
The benefit you are entitled to receive based on your own work/contributions is less than the benefit you will receive based on your ex-spouse's work/contributions
6. Remarriage can change things
If you remarry, you won't be able to collect benefits through your ex-spouse unless your later marriage ends by death, divorce, or annulment.
7. Even if your ex has not applied for retirement benefits, you still receive benefits based on his or her record as long as you have been divorced for at least two years.
Read important information about dividing retirement plan benefits post-divorce through QDRO here.
Need help with your QDRO? Our trusted partner, SimpleQDRO, can help.
8. Your children might be eligible for Social Security benefits, too.
If you are raising your ex-spouse's child(ren), they can receive benefits based on your ex-spouse's work record while they are under 18 years old or under 19 and still in high school full-time. You may also be able to receive a benefit.
9. If your ex-spouse dies before you, you may be eligible to receive his/her full retirement benefit instead of one half.
10. You have privacy regarding the collection of benefits.
Your ex-spouse will not be notified by the Social Security Administration in any way when you begin to receive benefits based on his/her work record.
FAQs
Can I collect Social Security on my ex-spouse’s record after divorce?
You may qualify for a divorced-spouse benefit if your marriage lasted at least 10 years, you are age 62 or older, you are currently unmarried, and your own benefit is less than the benefit available on your ex’s work record. Your ex does not lose or see a reduction in their benefit if you claim.
Does my ex-spouse need to be claiming Social Security for me to qualify?
If you have been divorced for at least two years and your ex is eligible to claim, you can claim on their record even if they have not started receiving benefits.
What happens if I remarry?
If you remarry, you generally cannot collect divorced-spouse benefits on a prior ex’s record while the new marriage is in effect. If that later marriage ends, you may again be eligible on a former spouse’s record.
Are there survivor benefits for divorced spouses?
Yes. If your former spouse has died and the marriage lasted at least 10 years, you may be eligible for survivor benefits as early as age 60, or 50 if disabled. Survivor benefits can be higher than retirement benefits in some cases.
Will claiming on my ex’s record reduce their benefits or their current spouse’s benefits?
No. Your claim does not reduce what your ex or their current spouse receives. Multiple eligible people can claim on the same worker’s record independently.
What documents do I need to apply as a divorced spouse?
You’ll typically need your Social Security number, proof of age, marriage certificate, divorce decree with dates, your ex-spouse’s name and Social Security number if available, and bank information for direct deposit.
How to Claim Social Security as a Divorced Spouse
Confirm eligibility
Make sure your marriage lasted 10 years or more, you meet the age rules, and you are currently unmarried, or that you meet survivor rules if your ex has died.
Create or sign in to your SSA account
Review your earnings history and estimated benefits. Note how timing changes your monthly amount.
Compare benefit options
Estimate your own benefit versus a divorced-spouse benefit and, if applicable, a survivor benefit. Choose the option and timing that fit your goals.
Gather required documents
Collect identification, marriage and divorce records, and bank details. Share whatever information you have about your ex so SSA can locate the record.
Apply with Social Security
File online, by phone, or in person. Indicate that you are applying as a divorced spouse or for survivor benefits and submit requested documents.
Set payment and tax preferences
Enable direct deposit and select withholding options so you are not surprised at tax time.
Monitor your benefits
Check payment dates and award amounts and report changes like work income or remarriage that could affect your payments.
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