Social Security Benefits and Divorce: What You Need to Know

Social Security benefits are one of the most misunderstood aspects of divorce, and many people do not realize they may be entitled to benefits based on their ex-spouse's work record. Understanding these rules can make a meaningful difference in your retirement planning and long-term financial security.

Can You Claim Benefits on Your Ex-Spouse's Record?

Yes, you may be eligible to receive Social Security benefits based on your former spouse's work history. To qualify, you must meet all of the following criteria:

• Your marriage lasted at least 10 years
• You are currently unmarried (if you remarried, you generally lose eligibility unless that subsequent marriage also ended)
• You are age 62 or older
• Your own Social Security benefit is less than the benefit you would receive based on your ex-spouse's record
• Your ex-spouse is entitled to Social Security benefits (even if they have not yet filed)

How Much Can You Receive?

The maximum spousal benefit based on an ex-spouse's record is 50 percent of their full retirement age benefit amount. However, several factors affect the actual amount:

• If you claim before your own full retirement age, your benefit will be permanently reduced
• If your own work record produces a higher benefit, you will receive that instead — Social Security pays the higher of the two, not both
• If you are also receiving a government pension, the Government Pension Offset may reduce or eliminate your spousal benefit

Important Rules to Understand

Your Ex Does Not Need to Know

Your ex-spouse is not notified when you file for benefits on their record. This is a common concern that prevents people from applying, but there is no reason to worry. Filing on your ex's record does not reduce their benefits in any way.

Claiming Does Not Reduce Your Ex's Benefits

This is one of the most important points. Your claim has absolutely no impact on what your ex-spouse receives or what their current spouse receives. The benefit is calculated independently.

The Two-Year Rule for Divorced Spouses

If your ex-spouse has not yet filed for benefits, you can still claim on their record if you have been divorced for at least two continuous years and your ex is old enough to qualify (age 62 or older). You do not have to wait for them to file.

Survivor Benefits

If your ex-spouse passes away, you may be eligible for survivor benefits, which can be up to 100 percent of their benefit amount. The eligibility rules are similar but slightly different:

• Your marriage must have lasted at least 10 years
• You must be at least 60 years old (or 50 if disabled)
• If you remarried after age 60, you can still collect survivor benefits

Strategies for Maximizing Your Benefits

Several strategies can help you get the most from Social Security after divorce:

1. Delay claiming if possible: Benefits increase for each year you delay past 62, up to age 70. If you can afford to wait, the larger monthly check makes a significant difference over your lifetime.
2. Know both your benefit amounts: Create an account at ssa.gov to see your own projected benefit. Then consider how it compares to 50 percent of your ex's benefit.
3. Consider the impact of remarriage: If you are close to 62 and considering remarriage, understand that remarrying before 60 (for survivor benefits) or while receiving spousal benefits can affect your eligibility.
4. Factor Social Security into your overall retirement plan: Social Security is one piece of your financial recovery plan. Combine it with retirement savings, pensions, and other income sources for a complete picture.

Common Myths Debunked

• Myth: You can only claim on your own record or your ex's, never both. Truth: Social Security automatically calculates both and pays you the higher amount.
• Myth: If your ex remarries, you lose your right to claim. Truth: Your ex's remarriage has no effect on your eligibility.
• Myth: You must have been a stay-at-home parent to qualify. Truth: Anyone who meets the eligibility criteria can claim, regardless of their work history.
• Myth: Benefits are split between you and your ex. Truth: There is no splitting involved. Benefits are calculated independently for each person.

How to Apply

You can apply for benefits based on your ex-spouse's record at your local Social Security office or by calling the Social Security Administration at 1-800-772-1213. You will need:

• Your Social Security number and your ex-spouse's Social Security number
• Your marriage certificate
• Your divorce decree
• Proof of your age (birth certificate or passport)

Social Security benefits based on a former spouse's record are a legitimate benefit that you earned through your years of marriage. There is no reason to feel guilty about claiming them. Make sure to factor them into your long-term financial planning and consult with a financial advisor if you need help optimizing your strategy.