Divorce is often 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.

However, with respect to determining your Social Security benefits, divorce is (thankfully) relatively simple. The SSA has ensured that—whether you’re married or divorced—you can claim benefits on your spouse's or ex-spouse’s record when it’s time for you to retire or begin claiming benefits. Divorcees who meet all requirements and apply for benefits at their full retirement age can claim up to 50% of their ex-spouse’s total benefits without impacting their ex.

While it’s perhaps surprising to hear that you’re entitled to an amount that equals 50% of your ex-spouse’s benefits, it’s for a good reason; the Social Security Administration ensures benefits for divorced spouses in order to account for single-income marriage arrangements, meaning spouses and exes who spent their marriages working at home are protected when they retire (even if they have no work history on record with the Social Security Administration).

Who qualifies for divorced-spouse Social Security benefits?

Unfortunately, not every divorcee will qualify to receive his or her Social Security benefits based on an ex-spouse’s record. In order to qualify to receive benefits accordingly, the following conditions must be met:

●      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 must be less than the divorced spouse’s benefit.

These requirements help ensure the marriage was substantial enough to warrant a claim after divorce; a short-term marriage that ends in divorce may fall short of these prerequisites.

How much can I receive as a divorcee?

You may receive up to 50% of the Social Security amount your ex-spouse qualifies for at his/her full retirement age—provided you file your claim at full retirement age, generally between age 66 and 67 for most people.

You may begin receiving your benefits at any time after age 62; however, receiving benefits before reaching your full retirement age means the SSA will permanently reduce your total benefits by a percentage (as low as 32.5 percent), depending on the number of months until you reach full retirement. Therefore, in order to receive as much as you need, it’s sometimes beneficial to delay filing for Social Security benefits until you reach full retirement age.

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 nor must be privy to the fact that you are 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 no issue accessing your 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 has personally applied for retirement benefits. (If your ex has not claimed, at least two years must have elapsed since the divorce in order for you to claim a divorced-spouse benefit.)

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

Don’t worry—claiming your retirement benefits doesn’t affect the amount your ex-spouse qualifies for. In other words, the SSA isn’t sending you money from a pool of money set aside for your spouse: instead calculating the amount of money your ex-spouse is owed and then sending you 50% and your ex-spouse 100%.

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 impact on your ex’s current (or future) spouse’s claim.

For example, if the SSA were to determine that your ex-spouse is entitled to $1000, he or she would receive $1000 while you would 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 are entitled to any benefits from your own work history in addition to any divorced spousal benefits, you will be paid the highest total amount rather than a combination of the two. If your spousal benefits exceed your own, you will be paid the amount of your own benefits first and then a second amount that ultimately equals the total spousal benefits you are entitled to. If your benefits (based on your own work history) exceed your spousal benefits, you will 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 are currently married and eligible for Social Security benefits, you are 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, 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. As such, if you are single and receiving benefits based on an ex’s record and later remarry, you are required to report your new marriage to the SSA (after which those payments would cease and begin again based on your current status).

However, if you divorce once again, you as a single individual will be paid the highest benefit amount you qualify for—whether that's 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. Some of these eligibility requirements include if you were born on or before January 1, 1954 or you are caring for a child who is either under 16 or disabled.

What happens if my ex-spouse dies?

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 (you’ll receive 71.5–100% of your ex’s benefits, depending on how early you begin withdrawing payments).

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 and disabled).

How do I apply for spousal benefits?

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

In sum: Social Security benefits for divorced spouses

While determining your benefits is perhaps confusing at first blush, understanding the amount you're entitled to and how exactly you can access your benefits can help make the process much easier. If you’re still struggling to understand how the program works or when you should claim your Social Security benefits, consider speaking with a financial planner to gain some clarity.

———

Vision Retirement is an independent registered advisor (RIA) firm headquartered in Ridgewood, New Jersey. Launched in 2006 to better help people prepare for retirement and feel more confident in their decision-making, our firm’s mission is to provide clients with clarity and guidance so they can enjoy a comfortable and stress-free retirement. To schedule a no-obligation consultation with one of our financial advisors, please click here.

Disclosures:
This document is a summary only and is not intended to provide specific advice or recommendations for any individual or business.