Recently divorced and assuming you can no longer get Social Security spousal benefits? Many divorced people have no idea they can still collect based on a former spouse's earnings. More than 4 in 10 Americans nearing retirement age do not know this option exists.
Knowing your rights here really matters. You may qualify for as much as 50% of your former spouse's Social Security benefit, which could mean thousands of dollars a month in retirement. Here is how to claim these benefits after a marriage ends.
What Are Divorced Spouse Social Security Benefits?
These benefits let a divorced person receive monthly payments based on a former spouse's work history, separate from their own earnings record. Your ex does not have to sign off, and their consent is not needed at all. Your claim will not lower their benefit or the payments to their current spouse.
That means several people can draw benefits from one earnings record. Your former spouse can even have remarried, and they will not be told about your claim.
Who Is Eligible?
To qualify for divorced spouse benefits, you have to meet every one of the conditions below. Miss just one and you will not be paid.
- Length of the Marriage
The marriage has to have lasted at least 10 years. There are no exceptions to this rule.
- Your Age
You must be 62 or older to begin collecting. Keep in mind that claiming early lowers your monthly payment.
- Marital Status
You have to be unmarried when you apply. If you remarry, you can no longer claim on your former spouse's record.
- How Long You Have Been Divorced
You must have been divorced for at least two years in a row. There is one exception: you can claim sooner if your ex is already collecting retirement benefits.
- Comparing Benefits
The benefit you would earn on your own work record must be smaller than what your former spouse's record would pay. Social Security pays you the larger amount automatically.
- Your Former Spouse's Eligibility
Your ex must be entitled to Social Security retirement or disability benefits. They do not have to be collecting yet.
How Much Could You Get?
A divorced spouse can get as much as 50% of the former spouse's full retirement benefit, which is called the Primary Insurance Amount, or PIA. What you actually receive depends on when you start. Wait until your full retirement age (FRA) and you get the full 50%. For most people, FRA falls between 66 and 67.
Starting early means a permanent cut. Claim at 62 and you get only about 65% of what you would receive at FRA, and that lower amount lasts for life. Holding off past FRA, on the other hand, can raise your payment, and waiting until 70 gets you the largest monthly check.
Here is a simple example. Say your ex's full retirement benefit is $2,400 a month. If you claim at your FRA, you could get $1,200 a month, or $14,400 a year.
Can You Receive Two Benefits at the Same Time?
No. You cannot stack Social Security retirement benefits, and it is important to understand that limit. You get whichever is larger: your own retirement benefit or the divorced spouse benefit. Social Security figures both and pays the higher one.
In practice, if your own benefit is $900 and the divorced spouse benefit is $1,200, you get $1,200 in total, not $900 plus $1,200.
The Social Security Administration handles this for you. When you apply for any benefit other than survivor benefits, you are treated as applying for everything you qualify for. The agency works out each amount and pays the largest.
What If Your Ex Has Not Retired?
Many people are surprised to learn you can apply for divorced spouse benefits even if your ex has not filed for Social Security. What matters is that you have been divorced for at least two full years and are at least 62. Your ex must be eligible for retirement benefits but does not need to be collecting them.
That gives you room to plan on your own schedule. You do not have to wait for your former spouse to decide when to claim.
How Survivor Benefits Work
Different rules apply if your former spouse dies. A divorced spouse's survivor benefit can run from 71.5% to 100% of what the ex was receiving. The exact share depends on your age when you begin, and waiting until your FRA gets you the full 100%.
You can claim survivor benefits as though you were still married when your ex died, even if they had remarried. Survivor benefits also give you more flexibility: you can move between survivor benefits and your own retirement benefit over time, for example taking survivor benefits first and switching to your own later if that pays more.
What About More Than One Divorce?
Having more than one former spouse does not stop you from claiming, as long as you are unmarried when you file. Take this case: you divorce your first spouse after 11 years, marry again and later divorce a second time. You can still claim spousal benefits on your first spouse's earnings.
The first marriage only has to have lasted more than 10 years, you must have been divorced for more than two years, and you must be single now. Under Social Security rules, you are treated as applying for every benefit you qualify for. The agency looks at the possible benefits from each former spouse and pays you the highest one automatically.
How to Apply
Have your paperwork ready before you apply, including your marriage certificate and divorce decree. These let the Social Security Administration identify your former spouse and figure your benefit from their earnings record. The divorce decree also shows the marriage lasted at least 10 straight years.
There are several ways to apply. You can file online on the Social Security Administration website or go to your local Social Security office. You can also call the national customer service line at 800-772-1213 to set up an appointment. Having your documents in order first will move things along, and applying as soon as you are eligible helps you avoid delays in getting paid.
Getting the Most From Your Benefits
Knowing how divorced spouse benefits work can make a big difference to your retirement budget. Your former spouse's work record could be worth thousands of dollars a month to you.
Check that you meet every requirement before applying, and keep your marriage certificate and divorce decree close at hand. Contact the Social Security Administration to talk through your own situation and options.
Do not let myths keep you from benefits you have earned. A divorce does not wipe out your right to Social Security spousal benefits. Act now to lock in the retirement income you are owed.
