Let’s talk about the Social Security rules for divorced spouses because it can be confusing. Everyone remembers the ten-year rule, but did you know you have to wait to draw until your ex is eligible for benefits?
To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can’t collect benefits on your former spouse’s record unless your later marriage ended by annulment, divorce, or death. AND, if you’re separated but not divorced, the RULES are different!! We discuss this in depth so you can plan your social security accordingly.
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Social Security Rules for Divorced Spouses (Complete Guide)
Social Security provides critical financial support for retired and disabled individuals in the United States. However, many people are unaware of the benefits they may be entitled to even if they are divorced. If you are divorced and wondering about your eligibility for Social Security benefits, this guide will provide you with a comprehensive overview of the rules surrounding Social Security benefits for divorced spouses.
Eligibility Requirements:
To qualify for Social Security benefits as a divorced spouse, you must meet the following criteria:
1. The marriage must have lasted for at least ten years: To be eligible for benefits based on your ex-spouse’s record, your marriage must have lasted a minimum of ten years.
2. You must be currently unmarried: To claim Social Security benefits as a divorced spouse, you must not be remarried. However, if you remarry but the subsequent marriage ends due to death, divorce, or annulment, you may still be eligible for benefits from your previous marriage.
3. You must be at least 62 years old: Just like other individuals claiming Social Security benefits, you must be at least 62 years old to receive benefits based on your ex-spouse’s record. Keep in mind that claiming benefits before your full retirement age will result in a reduced monthly benefit amount.
Benefits Calculation:
The amount of benefits you can receive as a divorced spouse depends on various factors, including your ex-spouse’s earnings history and when you choose to claim benefits. Here are a few key points:
1. If your ex-spouse is still alive: If your ex-spouse is alive and eligible for Social Security benefits, you can receive up to 50% of their full retirement age benefit. However, claiming benefits before reaching full retirement age may result in a reduction.
2. If your ex-spouse has passed away: If your ex-spouse is deceased, you may be eligible for survivor benefits. You can collect up to 100% of your ex-spouse’s full retirement age benefit amount, provided that you wait until your full retirement age to claim these benefits. Additionally, widow(er)s have the option to claim survivor benefits as early as age 60, but with a reduction in the monthly benefit.
Application Process:
To claim Social Security benefits as a divorced spouse, you will need to provide specific documentation and follow the application process. Here’s what you should do:
1. Collect the necessary documents: Gather your personal identification, your marriage certificate, divorce decree, and any relevant employment records.
2. Contact the Social Security Administration (SSA): Reach out to the SSA by phone, online, or schedule an appointment to apply for benefits based on your ex-spouse’s record.
3. Provide required information: During the application process, you will be asked to provide your personal details, including your full name, Social Security number, employment history, and marriage and divorce information.
4. Submit the required documents: Once you have completed your application, you will need to mail or present the necessary documents to the SSA, including your identification, marriage certificate, and divorce decree.
Conclusion:
If you are divorced, it is worth exploring your eligibility for Social Security benefits based on your ex-spouse’s record. Remember, you must meet specific requirements, including the ten-year marriage rule, being currently unmarried, and reaching the age of 62. By understanding the rules and following the application process, you can potentially receive additional financial support that can greatly benefit your retirement years.
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My honey qualifies for this need moreingormation.
I went to SS office and was told I would only get $100 based on ex spouse. I questioned that my understanding was half of what his benefit was would be what I would be entitled to if it was more than what I would earn. She said the wording is "up to 50%" and not guaranteed at 50%. Can you address that?
Can I get ex spousal benefits if I am recently living in the Philippines?Thanks
When we say the spousal benefits are 50 percent is that from FRA or what the other spouse is presently drawing
I seriously don't know why men get marry, what is the incentive , if any. it just not worth it
If you get death benefits for your child after his mom mom past way if there no money whem the child trun 18teen stop can come after me for the
Is it that I can only apply for spousal benefits, if 50% of his is more than 100%? Of mine or what??
Thank you, for all you do. I’m looking for advice for a friend. He is going to be 70 years old in about a month. He is divorced since 2005. He has been collecting SS benefits under his ex wife’s earnings for the past 2 years. He has no other income, since 2016 when he retired. He was up to date on alimony, at the date of retirement. Ex spouse has unlimited funds, so she has taken him to court 7 times, since they divorced. She finally received what she wanted. He was sent a letter from SS stating the court reinstated her alimony, and his benefits will be reduced by 65%. This leaves him $370 per month to live. He is homeless. Family court has caused him to become a Ward of the state. Is this legal? Legal aid will not help in matters of Alimony or Child Support, so, that is not a recourse.
Any advice would be greatly appreciated.
Thank you.
I realized that the secret to making a million is making better investment. I always tell myself you don't need that new car or that vacation just yet and that mindset helps me make more money investing|.
What if you marry again
Oh, and one more thing my ex-husband is also collecting disability. He’s been collecting disability for the past 5 to 7 years I was married to him for 32 years. My mistake not 38 I’m 55 and my ex is 56 but my current husband is 65.
I was married for 38 years and I got divorced but I was working and now I got remarried. I’ve only been married for a year but now I want to apply for disability because of my back I put a disability lawyer to do this. My question is, am I getting the money off of my Social Security or they gonna take it from my ex or my current husband I don’t understand. This is so confusing.
Quit just saying her
My ex husband died in 2022. I never remarried so I got 20 more dollar per month.The paper work was out of this world. Luckily me I worked 49 years as an RN and 20 dollars was cheap. We were married for 12 years. The divorce was in 1982.
howe about twice divorced…first one makes big money …draw on first ?
65! OMG! You look great!! Holy shit!
If a spouse would be one to block you, it is divorce time.
What if you were only married two years and reunited for nearly 20 years, living together without remarrying and you have plenty of documented proof you were together for all those years in the state of Alaska?
I found this out in mid 1990’s from the newspaper. I clipped it and posted it on my refrigerator. My mom lived overseas but moved back to the states in 1998. Had zero income. She was 63. Took her to the local SS admin. Originally, the SS person told her she’d only get around $380/month. I advised the SS person of what I read in the paper and presented the article. That SS person knew nothing about it. I asked to speak to a supervisor. Indeed I was right. With her marriage certificate and divorce decree in hand, she then became eligible for $1400/month in 1998. Told the supervisor that maybe some OJT would be warranted because a great many women from my mom’s era, were stay at home mom’s and that I shouldn’t have to educate federal employees on laws. Not to mention all the women before us that were given the lowball SS payments. Glad the info is getting out for women to at least get some compensation.
My ex-husband is retiring , but we have a QDRO in place. I’m 61 and he is 64. He want to cash out his pension. What are the disadvantages to me.
these broads never stop.
My ex-wife passed away at age 57. We were married 39 years. Divorced in February 2021. I just turned 60. Am I eligible for survivors benefits?
My X will or is drawing on my ssi I’m fine with that I’ll be collecting on mine when I turn 70 1/2
My question is at what point is her benefit determined is it the year we become divorced or when we turned 62 or when she applied for benefits
Im disabled my husband died 5yrs ago and I draw widow payments i became disabled last year applied for my social security I still waiting its been nearly 7 months i really just need Medicare coverage. Cathy Harris
IF my ex starts taking theirs at 62, if I wait till later will that increase my side or is it based on what they are drawing? And also the opposite, if I start drawing on theirs before they start, what is that number based on and will it increase if they wait till 70?
What about older disabled ex spouse, married over 14 years ?
I've been married twice, My last ex husband is not old enough for me to draw on his social security. We were separated for years but have been legally divorced only a few months. But, I was married to my first husband before him for 17 yrs before we divorced. He is retired, remarried, and drawing social security. Do you happen to know if I can draw off of my first ex husbands social security being that he is married to someone else? Ive been told that I can but I dont know if thats true or not.
What if we were married for 23 years and divorced. He passed away a year later. Can I draw his social security benefits and if so, when?
Where do I go to see if his Social Security is higher than me?
Great channel. Married over 10 years. He’s retired and drawing SS x years. I’m still working and plan on working x 4more years. Questions: Could I draw off of his SS while I’m working or would that just add to my taxable income? Can I continue to draw on his SS when I take my SS? Thank you, in advance!
But you have to also be divorced for 2 years before you can draw spousal benefits.