If you’re divorced after at least 10 years and are 62 or older, you can qualify for Social Security benefits based on your ex-spouse’s record. You don’t need to be married anymore, and your own benefits can be combined with the ex-spouse’s up to 50% of their full retirement benefit. Keep in mind, benefits are higher if claimed at your full retirement age. To discover more details, explore how these rules apply to your situation.
Key Takeaways
- Divorce must be at least 10 years old for ex-spouse benefits eligibility.
- Claimant must be at least 62 and unmarried (unless applying for survivor benefits).
- Benefits can be up to 50% of the ex-spouse’s full retirement benefit.
- Benefits are paid based on the higher of claimant’s own or divorced spouse’s record.
- Remarriage after age 60 generally does not disqualify survivor benefits.
If you’re divorced and nearing retirement, you might be eligible for Social Security benefits based on your ex-spouse’s work record. To qualify, your marriage must have lasted at least 10 consecutive years, and you need to be at least 62 years old. You must also be unmarried at the time of claiming, as remarriage generally disqualifies you unless you’re applying for survivor benefits. Your ex-spouse must be eligible for Social Security retirement or disability benefits, which is essential for you to qualify for these benefits. If your divorce occurred less than two years ago, they must have already filed for their benefits; after two years, the Social Security Administration (SSA) can process your claim without this requirement.
Divorced and near retirement? You may qualify for Social Security benefits based on your ex-spouse’s work record if certain conditions are met.
The amount you can receive depends on your ex-spouse’s full retirement benefit, also called the Primary Insurance Amount (PIA). The maximum benefit you can get is up to 50% of their full retirement benefit, but the benefit you receive isn’t additive—you’re paid the higher of your own Social Security benefit or the divorced spousal benefit. If you’re eligible on multiple ex-spouses’ records, SSA will pay based on the highest benefit available. Keep in mind, claiming early before your Full Retirement Age results in a permanently reduced benefit. Additionally, if you work while claiming and are below your Full Retirement Age, an earnings test might reduce your benefits.
Applying for these benefits is straightforward. You can do so directly through the SSA, either online, by phone, or in person, without involving your ex-spouse or notifying them. Typically, you’ll need to provide certified copies of your marriage license and divorce decree. Claiming divorced spouse benefits doesn’t affect your ex-spouse’s benefits or their current spouse’s benefits. However, if you’re eligible on multiple ex-spouses’ records, SSA’s online system might not always identify the highest benefit, so an in-person appointment or phone call can help. The SSA can confirm your eligibility and calculate your exact benefit upon request.
If your ex-spouse passes away, you might qualify for survivor benefits if your marriage lasted at least 10 years and you’re at least 60 (or 50 if disabled). Remarriage after age 60 generally doesn’t disqualify you, and survivor benefits can be up to 100% of the deceased ex-spouse’s benefit if claimed at Full Retirement Age. Sometimes, survivor benefits are higher than divorced spousal benefits, and you’ll receive the larger amount. Similar documentation is required, such as proof of marriage and divorce. Your eligibility for survivor benefits is also influenced by your relationship to the deceased and your age at the time of application.
In special cases, remarriage after divorce can end divorced spouse benefits but won’t affect survivor benefits if remarriage occurs after 60. The Government Pension Offset, which could reduce benefits if you receive a pension from non-covered employment, was eliminated for some months starting in 2024 due to recent legislation. No benefits are payable if your ex-spouse’s disability benefits are suspended and your divorce is less than two years old. Ultimately, your eligibility for these benefits remains regardless of your ex-spouse’s remarriage or death, making them an essential safety net for many near retirement.
Frequently Asked Questions
Can I Receive Social Security Benefits From My Ex-Spouse if I Remarry?
Yes, you can receive Social Security benefits from your ex-spouse if you remarry, but only under certain conditions. If you remarry before age 60, your benefits usually stop unless the remarriage ends by death, divorce, or annulment. However, if you remarry after age 60, your eligibility for survivor benefits on your ex-spouse’s record generally continues. Always check specific rules to confirm your eligibility.
How Does My Ex-Spouse’s Retirement Age Affect My Benefits?
Your ex-spouse’s retirement age impacts your benefits because you can claim spousal benefits once they’re at least 62, regardless of their actual retirement age. If they delay claiming until full retirement age or later, your benefits increase, up to 50% of their FRA benefit. Claiming early reduces your benefit percentage, so timing matters. Keep in mind, your own benefits must be lower to qualify for these benefits.
Are Divorced Spousal Benefits Available if We Never Married?
No, you can’t get divorced spousal benefits if you never married. Social Security rules only provide these benefits to individuals who had a valid marriage lasting at least 10 years. Cohabitating or long-term partners without a legal marriage don’t qualify. The system recognizes only legally married couples for spousal or divorced spousal benefits, so without marriage, you’re not eligible for these specific benefits.
What Happens to My Benefits if My Ex-Spouse Passes Away?
If your ex-spouse passes away, you may be eligible for survivor benefits, provided you’ve been married at least 10 years and meet age requirements. You can receive up to 100% of their benefit if you’re at full retirement age, or a reduced amount if you’re younger. You’ll need to apply through the SSA, showing proof of death and marriage, and benefits are available whether or not you’ve remarried after age 60.
Can I Switch Between Benefits Based on My Earnings and My Ex-Spouse’s?
Think of Social Security benefits as a choose-your-own-adventure. You can switch between your own earnings-based benefit and your ex-spouse’s, but only if you meet certain criteria. You must apply through the SSA, and the higher benefit—up to 50% of your ex’s—is what you’ll receive. Remember, you can’t collect both fully; the system automatically gives you the larger amount, so choose wisely and act promptly.
Conclusion
Remember, if you’ve been married for at least 10 years, you can claim Social Security benefits based on your ex-spouse’s record, even if you’re remarried. Don’t let this chance slip away like a ship lost at sea; it’s a valuable safety net you shouldn’t overlook. Keep your documents handy and stay informed about the rules. After all, in the words of the Bard, “Neither a borrower nor a lender be”—but knowing your benefits is a different story entirely.
