Claiming Social Security as a Divorced Spouse: 16 Essential Facts

Divorce can be a complex process filled with emotional and practical challenges. While Social Security benefits might not be your first concern, understanding how they work post-divorce can be financially beneficial. Here’s what you need to know about Social Security benefits for divorced spouses.

Eligibility Requirements

According to the Social Security Administration (SSA), you may qualify for benefits based on your ex-spouse’s work history if you meet the following criteria:

• You are at least 62 years old.
• You are currently unmarried.
• If you have remarried, benefits apply only if the subsequent marriage ended in annulment, divorce, or death.
• Your ex-spouse is entitled to Social Security retirement or disability benefits.
• You were married to your ex-spouse for at least 10 years.
• If your ex has not yet claimed Social Security benefits, you must be divorced for at least two years before applying.
• If you care for a child under 16 or a child with a disability who qualifies for benefits under your ex-spouse’s record, you may also be eligible.

Important Details to Consider

• If you qualify for benefits based on your work record, your ex-spouse’s benefit must be higher for you to claim theirs.
• If your ex-spouse passes away, you may be eligible for widow’s benefits.
• If you were born before January 2, 1954, you can use a strategy called a “restricted application,” allowing you to claim benefits based on your ex’s work history while letting your own benefits grow until age 70.
• Your ex-spouse will not be informed that you are collecting benefits based on their record.
• Any benefits you receive do not impact your ex-spouse’s benefits or those of their new spouse if they have remarried.

How Much Can You Receive?

Understanding the financial impact of Social Security benefits is crucial for planning your retirement:

• The maximum spousal benefit is 50% of your ex-spouse’s full retirement age (FRA) benefit.
• If your ex delays retirement beyond FRA, your spousal benefit does not increase.
• If your ex retires early (at 62), you will receive only 32.5% of their FRA benefit.
• You cannot collect Social Security benefits from both your work record and your ex-spouse’s work record. For example, if your personal benefit is $800 per month and your ex’s FRA benefit is $2,000, you would receive an additional $200 to bring your total benefit to $1,000 (50% of your ex’s FRA benefit).

Maximizing Your Benefits

Understanding and utilizing these Social Security rules can help you maximize your monthly income. If claiming benefits based on your ex-spouse’s record results in a higher payment, it may be a financially wise decision.

Planning ahead ensures financial security in retirement, and knowing these Social Security facts can help divorced individuals make informed choices about their benefits.

Disclaimer – Our editorial team has thoroughly fact-checked this article to ensure its accuracy and eliminate any potential misinformation. We are dedicated to upholding the highest standards of integrity in our content.