Divorce can bring significant financial changes, and one of the most commonly overlooked aspects is Social Security benefits. Many people are unaware that they may be eligible to receive Social Security benefits based on their ex-spouse’s work record. Understanding how Social Security benefits work after divorce can help you maximize your financial stability in retirement.
Can You Claim Social Security Benefits from an Ex-Spouse?
Yes, you may be eligible to claim Social Security benefits based on your former spouse’s earnings record if you meet specific requirements set by the Social Security Administration (SSA). These benefits can be particularly valuable for individuals who may not have worked long enough to qualify for their own benefits or whose personal benefits are lower than those available through their ex-spouse.
Eligibility Requirements for Ex-Spousal Benefits
To claim Social Security benefits from an ex-spouse, you must meet the following criteria:
- Your marriage lasted at least 10 years.
- You are at least 62 years old.
- You are currently unmarried.
- Your ex-spouse is eligible for Social Security benefits (though they do not need to be actively claiming them).
- Your own Social Security benefit, if eligible, must be less than what you would receive based on your ex-spouse’s record.
How Much Can You Receive?
If you qualify, you can receive up to 50% of your ex-spouse’s full retirement benefit. However, if you claim benefits before reaching full retirement age (FRA) (which is between 66 and 67, depending on your birth year), the benefit amount may be reduced.
It’s important to note that claiming benefits on an ex-spouse’s record does not reduce the benefits they receive or the benefits their current spouse (if remarried) can claim.
What If Your Ex-Spouse Has Remarried?
Your eligibility to claim Social Security benefits based on your ex-spouse’s record is not affected by their remarriage. However, if you remarry, you generally cannot claim benefits based on your ex’s earnings unless your new marriage ends (by divorce, death, or annulment).
Can You Claim Benefits If Your Ex-Spouse Hasn’t Filed Yet?
Yes, if your ex-spouse is eligible for Social Security but has not yet started claiming benefits, you can still apply—as long as you have been divorced for at least two years.
What About Survivor Benefits?
If your ex-spouse passes away, you may be eligible for survivor benefits, which can be up to 100% of their benefit amount. To qualify:
- Your marriage must have lasted at least 10 years.
- You must be at least 60 years old (or 50 if disabled).
- You must not be remarried before age 60 (or 50 if disabled).
Survivor benefits can be a crucial source of financial support, especially if you did not qualify for a substantial Social Security benefit on your own.
How to Apply for Social Security Benefits After Divorce
If you meet the eligibility requirements and want to claim Social Security benefits based on your ex-spouse’s record, follow these steps:
- Gather Necessary Documents – You’ll need your marriage certificate, divorce decree, Social Security numbers (yours and your ex’s), and possibly additional documents.
- Check Your Eligibility – Visit the Social Security Administration website or contact them at 1-800-772-1213 to confirm your eligibility.
- Apply Online or In-Person – You can apply online through the SSA website, by phone, or by visiting your local Social Security office.
Final Thoughts
Understanding Social Security benefits after divorce can make a significant difference in your financial future. If you were married for at least 10 years, you may be entitled to claim benefits based on your ex-spouse’s work record, even if they have remarried. By knowing your rights and taking advantage of these benefits, you can secure additional income during retirement.
If you need guidance on Social Security benefits or divorce-related financial matters, consulting with a family law attorney can provide clarity and help you make informed decisions.
Need help navigating divorce and financial planning? Contact Jacobson Family Law today for expert advice on securing your financial future.
