If you are 62 years old or older and had a prior marriage that lasted at least 10 years and have not remarried, you may be able to collect Social Security benefits based on your ex-spouse’s income record. If you do not have many qualifying earnings throughout your life, this rule may put more money in your pocket.
Who is Eligible?
You must remain single to claim benefits based on your ex-spouse’s income record. Your ex-spouse’s current marital status does not affect this.
If you remarry, you cannot claim benefits based on your ex-spouse. If you marry while receiving benefits, your eligibility will end. However, if that marriage ends for any reason such as the death of your spouse, divorce, or annulment, you may be able to start or resume claiming your ex-spouse’s benefits.
Your ex-spouse must have enough work to be eligible for Social Security. Your ex-spouse must be at least 62 years old. Your ex-spouse does not have to have applied for Social Security benefits. Your divorce must have been final for at least two years.
Social Security Benefits
The maximum amount of Social Security benefits you can receive based on your ex-spouse’s income record is 50% of what your ex-spouse will receive at their full retirement age. This changes based on their year of birth. The spousal benefit amount is reduced if you apply before you reach full retirement age.
If you have an idea of what your ex-spouse earned and their date of birth, you can use the Social Security calculator to estimate the benefit amount. The only way to know the amount for sure is to ask your ex-spouse about their primary insurance amount.
Note: If you are collecting benefits based on your ex-spouse’s income record, it will not reduce the benefit amount your ex-spouse receives. It also does not affect their current spouse, if they have a current wife. If your ex-spouse has one or more ex-wives who have not remarried, it will not reduce your benefits either.
When you apply for benefits, the Social Security Administration gives you the higher amount between your own benefit and that of the ex-spouse. You cannot choose either one to receive.
If you were born before January 2, 1954 and waited until full retirement age to apply, you have the option of filing a restricted application. This way, you only receive the ex-spouse benefit. You can allow your own benefit amount to continue to grow until you reach age 70.
Once you reach age 70, you can switch to your own benefit amount if it is higher than the ex-spouse benefit amount. This option is not available if you applied before reaching full retirement age or if you were born on or after January 2, 1954.
If your ex-spouse is younger than you, you can collect your own benefit when you become eligible. Then you can switch to their benefit when they become eligible.
Explanation of Survivor Benefits
If your ex-spouse has died, you can collect survivor benefits. These benefits follow different rules than those related to a living ex-spouse. You can apply for benefits starting at age 60. If you marry after age 60, or age 50 if you are disabled, you can still claim these benefits.
If you are disabled and your ex-spouse has died, you can start receiving survivor benefits if you are between the ages of 50 and 59. Your disability must have started before or within seven years of your ex-spouse’s death.
The rules differ
Rules are a bit relaxed when it comes to children. If you care for a child under 16 or disabled, who is your former spouse’s child, you can claim survivor benefits, even if you were not married for at least 10 years. In this case, your claim for your child will reduce the benefits for other individuals who may be entitled based on their relationship to your former spouse.
The percentage of your deceased former spouse’s benefits that you will receive depends on your age and other factors: if you are at full retirement age or older, you will receive 100%. If you are age 60 or older but have not yet reached full retirement age, you will receive between 71.5% and 99%. If you are aged 50 to 59 and disabled, you will receive 71.5%. If you care for your former spouse’s disabled child or one under 16 years old, you will receive 75%, regardless of your age.
What about unmarried children?
An unmarried child of the deceased may be eligible for benefits if one of the following conditions is met: they are under age 18, they are aged up to 19 and are full-time students in elementary or secondary school, or they are 18 or older and have a disability that began before age 22.
Frequently Asked Questions (FAQs)
What is the percentage of Social Security benefits that a former spouse can claim?
Even if you are divorced, you are eligible for up to 50% of your former spouse’s benefits as long as you meet the qualifications outlined above. If you are eligible for both your former spouse’s and your own benefits, you can claim the higher amount.
If I use my Social Security benefits now, will I be able to claim my ex-spouse’s benefits later?
As long as your former spouse is not currently receiving benefits, you can claim your own benefits and switch later to spousal benefits when your ex-spouse applies for Social Security. When you apply for benefits after your former spouse, you will be subject to the “deemed application” rule, which will give you the higher amount of the two benefits.
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Sources:
Social Security Administration. “Benefits for Your Divorced Spouse.”
Social Security Administration. “If You Are Divorced.”
Social Security Administration. “Benefits for Your Family.”
Social Security Administration. “Primary Insurance Account.”
Social Security Administration. “Benefits Planner Retirement.”
Social Security Administration. “Effect of Early or Delayed Retirement on Retirement Benefits.”
Social Security Administration. “Benefits Planner: Survivors | If You Are the Survivor.”
Social Security Administration. “Benefits for Children. Page 1.”
AARP. “Social Security for Divorced Couples.”
AARP. “Can I File for Social Security at 62 and switch to spousal benefits later?”
Source: https://www.thebalancemoney.com/social-security-ex-spouse-2388947
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