Divorced Spouse Social Security Benefits: How They Work

Sep 15

Social Security for Divorced Spouses financial advisor ridgewood nj poughkeepsie ny CFP Independent RIA Vision Retirement fiduciary advisor.

Divorce is a confusing legal endeavor in so many ways. From splitting assets to child-rearing responsibilities, it’s sometimes difficult to know what exactly you’re entitled to and not entitled to as a divorcee. When it comes to determining your Social Security benefits, however, divorce is (thankfully) relatively simple as the SSA ensures you can claim benefits on your spouse's or—ex-spouse’s, in this case—record later on. Divorcees who meet all requirements and apply for benefits at their full retirement age (FRA) can claim up to 50% of their ex-spouse’s total benefits without impacting him or her.

While it’s perhaps surprising to hear you’re entitled to an amount equaling 50% of your ex-spouse’s benefits, it’s for a good reason; the Social Security Administration ensures this to account for single-income marriages whereby spouses or exes who didn’t work when they were married are protected come retirement (despite no work history on record with the Social Security Administration).

How to qualify for divorced-spouse Social Security benefits

Unfortunately, not every divorcee will qualify for Social Security benefits based on an ex-spouse’s record. Benefits eligibility hinges on the following conditions:

· You must be 62 years of age or older.

· You must have been married for 10+ years.

· You must be divorced for at least two years.

· You must be unmarried.

· Your ex-spouse is entitled to Social Security benefits.

· The Social Security benefits you’re entitled to based on your own work record total less than your divorced spouse’s benefit.

These requirements help ensure the marriage was substantial enough to warrant a claim after a divorce, meaning a short-term marriage that ends in divorce may not meet the prerequisites.

What percentage of Social Security benefits are divorced spouses entitled to?

You can receive up to 50% of the Social Security amount an ex-spouse qualifies for at his/her full retirement age, provided the claim is filed after you reach your FRA (generally between age 66 and 67 for most people). While you can begin receiving benefits at any time after age 62, doing so before reaching your FRA means the SSA will permanently reduce your total benefits to as low as 32.5%—depending on the number of months until you hit this age. In order to receive as much as you need, therefore, it’s sometimes beneficial to delay filing for Social Security until this time.

Can my ex-spouse deny or influence my claim?

No matter how your prior marriage ended, your ex-spouse has no impact on your claim or the amount of money you might receive; he or she cannot deny your application and does not need to know you’re filing for these benefits based on his/her work record. Rather, your Social Security benefits are protected in perpetuity and managed exclusively by the Social Security Administration; in the absence of fraud, you should have absolutely no issue accessing payments regardless of your ex-spouse’s feelings on the matter.

Similarly, your claim is also not dependent on your ex-spouse’s retirement status; you can claim benefits on his/her record whether or not your ex personally applied for retirement benefits. (If your ex hasn’t done so, at least two years must have elapsed since the divorce in order to claim a divorced-spouse benefit.)

Does my claim impact my ex-spouse’s Social Security benefits?

Claiming your retirement benefits doesn’t affect the amount your ex-spouse qualifies for at all. In other words, the SSA won’t pull your money from a pool set aside for your spouse—instead calculating the amount your ex-spouse is owed and then sending you 50% and him/her 100% of the same.

What if my ex has multiple ex-spouses?

Even if your ex-spouse is a modern-day Henry VIII, receiving a divorced spouse’s benefit has no bearing on your ex’s current (or future) spouse’s claim. For example, if the SSA were to determine your ex-spouse is entitled to $1000, he or she would receive $1000 while you receive $500. If your ex’s current spouse were to also file a claim, that person would also receive $500 regardless of whether or not you do as well.

Can I collect spousal benefits if I earned my own Social Security benefit?

If you’re entitled to any benefits from your own work history in addition to any divorced spousal benefits, you’ll be paid the highest total amount rather than a combination of the two. If your spousal benefits exceed your own, for example, you’ll receive your own benefits first and then a second amount that ultimately equals the total spousal benefits you’re entitled to; if your benefits (based on your own work history) exceed your spousal benefits, you’ll only receive the amount based on your own personal record.

If I remarry, can I choose the person from whom I receive benefits?

If you’re currently married and eligible for Social Security benefits, you’re only allowed to claim on your current spouse’s record—even if the amount based on your ex-spouse is higher. As a remarried individual, thus, your status is as a current spouse to your current partner: meaning you forfeit the right to file for benefits based on your ex’s record. If you’re single and receiving benefits based on this and later remarry, likewise, you’re required to report your new marriage to the SSA (with those payments then ceasing and beginning again based on your current status). However, if you divorce once again, you as a single individual would be paid the highest benefit amount you qualify for—whether based on your own record, your first spouse’s record, or your most recent ex’s record.

Can I begin receiving my ex’s benefits and then switch?

The SSA will only allow you to switch from your ex-spouse’s (or current spouse’s) plan to your own based on a limited set of circumstances (e.g., if you were born on or before January 1, 1954 or are caring for a child who’s either under age 16 or disabled).

What happens if my ex-spouse passes away before me?

When one spouse dies before the other, the surviving spouse can claim what’s referred to as a “survivor benefit”: a monthly benefit payable for life, with the amount based on the deceased’s earnings history (the more he or she paid into Social Security, the higher the benefit for the surviving spouse). This rule also applies to ex-spouses, provided they meet the conditions outlined earlier. If you already began claiming benefits on your ex-spouse’s record, you can apply for survivor benefits: a larger check than your current benefit, giving you 71.5 to 100% of your ex’s benefits depending on how early you withdraw. This remains true if you remarry, so long as you were at least 60 years old at the time (or at least 50 years old if disabled).

How to claim your divorced spouse’s Social Security

You can apply for spousal benefits online or in person at your local Social Security office. Keep in mind you’ll need original copies of important identification documents such as your Social Security card, birth certificate, ID, marriage certificate, and divorce decree in order to file.

In sum: Social Security and divorce

While determining Social Security benefits is perhaps confusing at first blush for divorcees, understanding the amount you're entitled to and how exactly you can access this can help make the process much easier.

Still have questions about Social Security benefits? Consider speaking with a financial planner or schedule a FREE discovery call with one of our CFP® professionals to get them answered.