Divorce and Social Security: Understanding Spousal Benefits

by | Dec 22, 2023 | Spousal IRA | 33 comments

Divorce and Social Security: Understanding Spousal Benefits




If you have a prior marriage, you can get a spousal benefit from your ex-spouse if you meet the qualifications. In today’s video, I’ll cover these qualifications and answer the top questions I receive on this topic.

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Social Security Spousal Benefits After a Divorce

When a marriage ends in divorce, it can be a challenging time for both parties involved. Apart from the emotional and personal adjustments, there are also financial implications that need to be considered. This includes the issue of Social Security benefits, particularly spousal benefits. If you are divorced, it is important to understand how Social Security spousal benefits work and how they can potentially affect your financial situation in the future.

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Here are some key points to consider regarding Social Security spousal benefits after a divorce:

Eligibility: If you were married to your ex-spouse for at least 10 years, you may be eligible to receive spousal benefits based on their Social Security record. The key requirement is that you must be unmarried and at least 62 years old to apply for these benefits. If you remarry, you will generally not be eligible for spousal benefits unless that marriage ends as well.

Amount of benefits: The amount of spousal benefits you can receive is determined based on your ex-spouse’s earnings history. If you are eligible for both your own Social Security benefits and spousal benefits, you will receive the higher of the two amounts, but not both. In other words, you will receive the higher benefit, not both benefits combined.

Ex-spouse’s benefits: One important thing to note is that your ex-spouse does not need to have started collecting their own Social Security benefits for you to be eligible for spousal benefits. Additionally, applying for spousal benefits does not in any way reduce the amount of benefits your ex-spouse is entitled to receive.

Duration of benefits: If you are eligible for spousal benefits, they will continue until you remarry or your ex-spouse dies. In the event of your ex-spouse passing away, you may even be eligible for survivor benefits, which can provide additional financial support.

Application process: To apply for Social Security spousal benefits, you will need to provide documentation of your marriage and divorce, as well as your ex-spouse’s Social Security number. It is important to gather all necessary information and apply for benefits promptly to ensure there are no delays in receiving the benefits you are entitled to.

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Overall, Social Security spousal benefits can be an important source of financial support for individuals who are divorced. It is crucial to understand the eligibility criteria and the application process to ensure that you receive the benefits you are entitled to. Consulting with a financial advisor or a Social Security representative can help ensure that you make informed decisions and maximize your Social Security benefits after a divorce.

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33 Comments

  1. @kathleencarlson7142

    If my alive husband gets more money theni do can i aply for part of his soc sec

  2. @basicprogrammer6147

    We need a revamp:
    Want to get divorced? Tear up the marriage certificate. There, you're divorced.

    I cannot believe how much crap the lawyers, judges, and courts add to the "settlement".

    Split everything 50/50, and go your separate ways.

    Sheesh. The ONLY parties who win are the lawyers.

  3. @julieo6266

    What if you had to divorce sooner than 10yr because of ex domestic abuse but were together 2yr before marriage but had kids together and been divorced 30 yr. both remarried .. and or last husband died no kids he remarried I didn't divorce was 30 yrs ago

  4. @tomokeefe4108

    I filed at 65 been collecting since oct 22 myX is 69 been collecting SS disability for five yrs she has been remarried I am not my full retirement age is April 2024 can I collect and switch to hers benefits which I no are higher than mine

  5. @vickier5716

    Do I call SSA to find out about this?

  6. @brownnikki1

    Will divorce spousal benefits roll over to survivor benefits when the ex dies

  7. @DrGaryGreen

    BUT… what if the spouse isn't and never was a U.S. citizen AND the marriage was in a foreign country? Can that soul sucking harpy get spouse benefit?

  8. @dbrowne2918

    If its a divorce you're an ex for a reason good or bad. Laws like these and child support just handicap people when they nees to be working hard to eaen their own money. The system of SSN was created for this yet leaches come from all genders and economical stages of life. Marriage is nothing more than a business and the partner that didn't make more money just wants to take until the system says no.

  9. @subashiniarrib2007

    For example – I was married for 15 years and then divorced and did not get remarried but my ex is remarried. But my ex is 10 years younger than me. So should my ex reach 62, for me to get the spousal benefit?

  10. @Savannah-ed4rv

    What if someone is married for 10 years, divorced and then remarried for two years before the age of 60, and then divorced the second time? Is that person able to file for a spousal benefit on the first husband?

  11. @tongher6664

    i have a question…..
    I got my disability benefit at 55 yrs..my husband is not working he is 56 yrs,but he cheat on me and i want a divorce..
    will he take 50% of my disability benefit or not???
    i mean is my benefit going to be less????
    thanks alot for your help or answer..

  12. @markchase5323

    There is a question about date in which the marital union would legally commence. Some dissolution laws allow for some very peculiar circumstances, as to when a marital unit has been established, such a one party leaving their toothbrush at the domicile of the other party.

  13. @j.n3985

    What they don't tell you is if your own retirement pension is substantial they will not increase your lower social security to your ex husband's higher benefits even tho your were married 10 + years. So they miss lead people with not telling folks the real facts. They say to get spouses benefits you must be married 10 years or more. They never say if your pension is substantial, you don't qualify.

  14. @evegoodman5431

    My husband is on disability, i am getting spousal benefits. Would a divorce affect my spousal benefits,?

  15. @donnasmith9285

    I'm getting disability,if I get my ex's benefits,will I still get my disability payments too?

  16. @eb1266

    When you say "taking care of your Exe's child" do you mean his son or like in my case I'm taking care of my disabled adult son who is my Exe's son too?

  17. @glorianaferran8754

    What if one person is older than the other for 10 years? does that mean the oldest person have to wait until 72 yrs old to apply?

  18. @lauradeloach6063

    I meet all requirements for divorced spousal benefits. My question is, if I start taking my benefits at FRA and a year later my ex dies, am I able to switch to his benefits which would be a bit more than mine?

  19. @angel1111.

    I'm 48 and he's older we were married 10 years he has remarried but I haven't how to get this if on ssi

  20. @kiranraja8141

    I have a question too my husband gave me divorced in 2020 I have little girl she was 2 month but now she’s 5 years he never pay nothing and remarried to other girl so can I get any benefits I was new in USA that time that’s I don’t know about the law and I was language barrier too he have kids to other girl but he’s not paying nothing to my girl

  21. @drbarb6323

    What about if ex-wife takes SS early and both spouses have equal FRA benefits, so she gets her amount. She no longer works, but ex husband keeps working beyond FRA and makes a much higher salary than before. Do these higher salaries replace previous lower ones and does ex wife get a spousal payment if his benefit has changed?

  22. @black305

    Can a politician kick you offl survivor social security and put you on SSI

  23. @timothyweers8054

    What if the ex spouse dies either during or after the enrollment process?

  24. @pamyork5217

    Does the age make a difference if you are on disability and you're going through a divorce I'm 58 do I still have to wait until I'm 62 thank you this is very interesting

  25. @felipealbacete9177

    This is indeed insightful, I'll tell you a short story, I lost my wife 5 years ago, being a single parent to three kids has never been an easy task. I don't believe so much in luck so I took my time to make proper use of the money we saved together and invest it appropriately. I thought of leaving it in the bank, but I wasn't making any profits and I had to give up a lot to keep saving. Divine grace came after I met an IA through a friend of my late wife, and he has assisted in bringing stability to my life. I still feel indebted to him to this day.

  26. @pamlawton9673

    Need help from professional. Im close to living in the streets.

  27. @pamlawton9673

    For devin carroll. He knows alot on social security.

  28. @pamlawton9673

    I need help.i was married for 33 1/2 years. I retired at 62 years old. My husband at that time and i moved to ft myers fl. He quit his job. I supported us both. He is 3 1/2 years younger. I am so angry. I was told at social security in warwick ri. That i would only get 1000.00 per month.thats what i make from social security. He retired in August at 64 years old. Social security told me they changed the rule. Asked my birthday told them sept 5 1954. They said they changed law. Cut off dste wss January 1954. What the heck. This is not fair. I took care of my boys went back to work part time when boys were young. I cleaned took care of them. Payed bills worked fulltime when they got 7 years old i fid everything. While my ex husband worked in new york city. I did everything. Well 2016 moved to Florida. Heat too much moved back by myself 2018. My divorce was final feb 3 2019. I gave up my career raised family and worked. They have no right to take away from me. Married along time. I mow at 68 work 15 18 hours aweek. This is a sad world. Please help me. I don't know what to do.

  29. @ericoladovich794

    Why should my ex get anything more from me? She got plenty from the divorce.

  30. @johnsuppa6316

    ITS SIMPLE DONT MARRY THE BITCH. It's never worth it

  31. @The-CatLover57

    What about if your ex husband that you divorced is deceased ?and you we’re married for 7in half years and your collecting SSi can someone still get benefits from his Social Security . Even if you were only married 7 in half years?

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