How Social Security Benefits For Divorced Spouses Work

There are all sorts of relatively obscure government money rules. If your disability means using speech recognition software for work and your employer doesn’t pay for the headset or software, you can deduct that on your taxes. In the same vein, some people qualify to collect Social Security benefits as a divorced spouse.

Decisions around whose benefits to take and when require evaluation of your personal situation and careful financial planning. Consult a financial professional to plan for your unique situation.

What Are Social Security Benefits For Divorced Spouses?

Divorced spouses may be eligible to receive Social Security benefits based on their ex-spouse’s earnings record. Factors like the length of your marriage, the age of your spouse and more can affect an ex-spouse’s eligibility for these benefits.

Those who qualify do so under the same provisions that allow family members like currently married spouses and children to qualify for someone’s Social Security benefit. You can qualify based on the work record of your ex-spouse regardless of whether you ever held a job for which a portion of your wages was withheld to fund Social Security.

Who Qualifies For Social Security Divorced-Spouse Benefits?

In order to qualify to claim a portion of someone’s Social Security benefits as a divorced spouse, you have to meet several requirements:

• You must have been married to your ex-spouse for 10 or more years.
• You have to be unmarried.
• Your ex-spouse must be at least age 62.
• The benefit you would receive based on your own work has to be less than your ex-spouse received for their work.
• Your ex-spouse has to be entitled to Social Security retirement or disability benefits.
• You have to wait for 2 years after your divorce in order to apply.

It’s worth noting that the ex-spouse doesn’t have to be taking their Social Security yet for you to claim the benefits you may be entitled to under these requirements.

If you’re ex-spouse has passed away, you may still qualify for benefits as a surviving divorced spouse. The following requirements apply:

• The marriage lasted at least 10 years. There’s an exception where you don’t have to meet the length requirement if you’re caring for their child who hasn’t reached age 16 or who has a disability. If that child can qualify for benefits under your spouse’s Social Security, there’s no minimum on the length of the marriage.
• In order to maintain eligibility for survivors benefits, you can’t remarry before age 60 (50 with a disability).

How Much Social Security Does A Divorced Spouse Get?

If you qualify for divorced-spouse benefits, you can usually receive up to 50% of your ex-spouse’s full retirement benefits. Typically, you’ll have to wait until you’ve reached full retirement age to receive the full amount you may be entitled to. Full retirement age varies based on your birth year, but anyone born after 1960 has a retirement age of 67.

Anyone eligible can take Social Security starting at 62, but if you do that, there’s a reduced benefit. This also goes for anyone claiming spousal benefits. The Social Security Administration has published a table with the breakdown.

The exception to this 50% limit on divorced spouse benefits is if your ex-spouse has passed after your divorce. In that case, you’re entitled to the same benefits as a surviving spouse, as long as the marriage has lasted 10 or more years.

If the surviving divorced spouse is full retirement age or older, they can get 100% of their ex-spouse’s benefit. The benefit is reduced by certain amounts depending on when you take it if you do so before full retirement age. There’s a separate breakdown that applies to survivor benefits.

Because the timing impacts the amount of your benefits, it’s going to be important to carefully consider this in retirement planning. You’ll want to carefully weigh the amount you would be giving up if you take your Social Security benefit early. Also take into account what you think about the retirement lifestyle you want, so you can get an idea of income vs. expenses.

How To Apply For Divorced-Spouse Benefits

If you’re within 3 months of 62 or older, you can apply online for your benefits. Otherwise, you can call the toll-free number at (800) 772-1213. You can also make an appointment at the local office.

Documentation you may be asked to provide includes:

• Birth certificate or another equivalent
• Proof of U.S. citizenship or lawful alien status
• Discharge papers for any military service before 1968
• W-2s or self-employment tax returns for the prior year
• Final divorce decree
• Marriage certificate

While too numerous to list here, you can expect to answer questions regarding your identity, citizenship status and your work history as well as your history applying for Social Security or other government benefits.

The Bottom Line

Although it’s not widely publicized, a divorced spouse may be entitled to up to 50% of an ex-spouse’s Social Security benefits as long as they were married for 10 years or more. In certain circumstances, the full benefit may be available to a surviving divorced spouse if the ex-spouse has passed away.

Timing has a lot to do with the amount of the benefit, so consult a financial advisor to properly plan for your retirement. Looking for a better way to get a handle on your budget and overall money life? Download the Rocket Money^SM app.