Simple Steps to Understanding Divorce Benefits from Social Security

by | Sep 15, 2023 | Spousal IRA | 42 comments

Simple Steps to Understanding Divorce Benefits from Social Security




Understanding Social Security ex-spouse benefits is not the first thing that comes to mind when two people are going through a divorce. But later, after the smoke has cleared, it can be a life saver for the ex-spouse.

This video covers everything you need to know about Social Security Divorcee benefits and covers both Spousal and Survivor benefits. It also covers off the benefit if the primary filer takes Social Security benefits early, at full retirement age, or late. Finally, the video shows how the ex-spouse can file for Social Security spousal benefits even if the primary insured has not yet filed.

Important Links:

Federal Reserve Board Survey of Consumer Finances:

Social Security Administration Application for Benefits

Current Social Security Cost of Living Adjustment

Social Security Payment Estimator

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Disclaimer: this video is for educational and entertainment purposes only and is not meant to be a substitute for legal, accounting, tax, or professional advice. If you have any specific questions about any legal, accounting, tax or other professional service matter you should consult the appropriate professional services provider….(read more)


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Social Security Divorce Benefits MADE EASY

Divorce can be a complex and emotionally challenging process for couples. In addition to the emotional aspect, there are also financial considerations that need to be taken into account. One important area where divorce can have an impact is on Social Security benefits. It is crucial for couples going through a divorce to understand how this process works, as it can impact their retirement plans and financial well-being.

When it comes to Social Security divorce benefits, there are certain criteria that need to be met in order to qualify. To be eligible, you must have been married for at least ten years. Additionally, you need to be currently unmarried, unless your ex-spouse has also remarried. If your ex-spouse has not remarried, you can still receive benefits based on your former partner’s work record.

The amount you are entitled to receive depends on your ex-spouse’s work history. If your ex-spouse’s earnings history is higher than yours, you may be entitled to a higher benefit amount by claiming on their record. This is especially important if you did not work or had a lower income during your marriage.

To claim Social Security benefits based on your ex-spouse’s work record, you need to meet the following conditions:

1. You must be at least 62 years old.
2. You should be divorced for at least two years, or your ex-spouse should have started receiving their benefits.
3. Your own benefit amount, based on your work record, should be lower than the benefit you can receive from your ex-spouse’s record.

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To apply for these benefits, you need to provide proof of your marriage (such as a divorce decree) and your ex-spouse’s Social Security number. It is advisable to visit your local Social Security office to gather all the necessary information and details. The staff at the office will guide you through the application process and answer any questions you may have.

Claiming Social Security divorce benefits doesn’t affect your ex-spouse’s benefits or their new spouse’s benefits. It is a separate process that can help alleviate some financial burden during your retirement years.

It’s essential to understand that claiming Social Security divorce benefits while working may come with certain limitations. If you have not reached your full retirement age, your benefits may be subject to an earnings limit. If you earn more than the limit, a portion of your benefits may be withheld. However, once you reach your full retirement age, there are no earnings restrictions.

In summary, divorce can have long-term financial implications, and understanding Social Security divorce benefits is crucial. If you meet the eligibility criteria, you may be entitled to receive benefits based on your ex-spouse’s work record. By claiming these benefits, you can secure a more substantial retirement income, especially if your ex-spouse had a higher income than you. Make sure to gather the necessary documents, visit your local Social Security office, and seek guidance to ensure a smooth application process.

Divorce is challenging, but navigating Social Security divorce benefits doesn’t have to be. Educate yourself, seek assistance, and make informed decisions to secure your financial future during retirement.

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42 Comments

  1. Barbara Gannon

    Hi I was married for 5 years and before that we were a legal domestic partnership registered in Ca.and together for 23 years can i qualify for my exs ssi

  2. paulcummings55

    It seems like you mispoke on one aspect- you seem to say that if the primary earner took SS AFTER his FRA, the surviving spouse (at full retirement age) only gets 100% of the Primary Earner's FRA amount. However, everywhere else I have read and heard, says that the surviving spouse gets 100% of what the Primary Earner was getting (or entitled to) at the time of his/her death, which includes any Delayed Credits being added to his/her FRA amount, which is unlike the Spousal Benefit, which is capped by the FRA amount regardless if the Primary Earner claimed SS after his FRA.

  3. Susan S.

    So my ex husband is 7 years younger than me and has a very high income. I just turned 62, and he is 54. So I have to wait until he turns 62 before I can collect on his benefits which will be much more than mine.

  4. Crystal Sheets AKA John’s Coiffed Hair Dragon

    I was married for 10 years. We had 3 children. I made more money for 9 of the 10 years at which point he didn’t work for 5 of the 10 years. He made 1K more than me at year 10. Since then he has exceeded my earnings since I divorced him. We are both likely to not remarry as he is intolerable to be around has no patience for others and I’m basically asexual since being married to him. Will I qualify for 50% of his current social security when he retires or dies, as everyone in his family dies prematurely from cardiac issues or lung failure.

  5. TodayWithChar

    Is qdro needed and court orders to get survovor benefits?

  6. Judy D.

    Hi there, this is the most informative video I have seen. I have one question. If I retire at 62, will social security be comparing my x's full retirement benefit with my benefit at 62 to decide if I qualify for x spousal benefits?

  7. thrifty Penny

    Thank you Mr Schmidt. 17 months to go….

  8. Ginger Sparks

    I have not found any info about if you become disabled in a marriage of 20 yrs. And you are almost 60 and divorced and spouse has retired and drawing. I was a house wife . Can you draw before 62 off of spouse?

  9. Bride Gabriel Mount Zion, Heavenly Jerusalem

    O Gentile nations, the land of the dead, when are you going to rise from among the dead?

    You and your world are being destroyed, and you need to know why. It is time for you Gentiles to grow in understanding, and not as a rotten seed in the ground that never grows. According to the prophecy, the Lord Jesus will destroy the world of Gentiles for violating His laws and commandments and none of the Gentile nations in disobedience will remain. Natural disasters, pollution, molds, seasonal and food allergies, sicknesses, famine of natural food, wars, and stress are a part of His judgment.

    Jeremiah 46:28
    Do not fear, O Jacob My servant, says the Lord, for I am with you; For I will make a complete end of all the nations to which I have driven you, but I will not make a complete end of you. I will rightly correct you, for I will not leave you wholly unpunished.

    Jeremiah 25:32
    Thus says the Lord of hosts: “Behold, disaster shall go forth from nation to nation, and a great whirlwind shall be raised up from the farthest parts of the earth.”

    Haggai 2:22
    I will overthrow the throne of kingdoms; I will destroy the strength of the Gentile kingdoms. I will overthrow the chariots and those who ride in them; The horses and their riders shall come down, everyone by the sword of his brother.

    Zephaniah 1:17
    I will bring distress upon men, and they shall walk like blind men, because they have sinned against the Lord; Their blood shall be poured out like dust, And their flesh like refuse.”

    Amos 4:9
    I blasted you with blight and mildew. When your gardens increased, your vineyards, your fig trees, and your olive trees, the locust devoured them; Yet you have not returned to Me, says the Lord.

    There is a final end, and it is worse than what you experience. Lord Jesus will burn the world you live in and extinguish life in it. While you are waiting for your final end, the devil comes up with all sorts of entertainment to blind your eyes from the truth, so that you cannot repent. Religions tell you are under grace, saved, loved, and forgiven. Grace is only for the humble ones and not for the proud ones. Film makers add many lies in their movies. Food makers prepare tasty food but make you fat. Doctors give you medicines with many side effects.

    Psalm 13:3
    Consider and hear me, O Lord my God; Enlighten my eyes, lest I sleep the sleep of death;

    Proverbs 31:6-7
    Give strong drink to him who is perishing, and wine to those who are bitter of heart. Let him drink and forget his poverty, and remember his misery no more.

    Here is the good news: Lord Jesus will replace the world of Gentiles with His Kingdom governed by the Law of Moses. Only those who follow the teaching of the House of Israel and Mount Zion, Heavenly Jerusalem, will be saved and enter His Kingdom on earth. It is important that you submit yourselves to these true churches. Otherwise, you lose your chance of entering His Kingdom.

    Isaiah 28:16-18
    Therefore thus says the Lord God: Behold, I lay in Zion a stone for a foundation, a tried stone, a precious cornerstone, a sure foundation; Whoever believes will not act hastily. Also, I will make justice the measuring line, and righteousness the plummet; The hail will sweep away the refuge of lies, and the waters will overflow the hiding place. Your covenant with death will be annulled, and your agreement with Sheol will not stand.

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    For the nation and kingdom which will not serve you shall perish, and those nations shall be utterly ruined…and they shall call you the City of the Lord, Zion of the Holy One of Israel.

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    John 4:22
    You worship what you do not know; we know what we worship, for salvation is of the Jews.

    Lord Jesus had me write a book titled: 'The Only Way to Escape Death and Hell' by Gabriel, an angel of the Lord—Maria Riah. I hope in Christ the Lord, it will be published sometime next year. It will guide His people to the path of understanding of the words of God and tell you what to expect at the end of times. Remember, the end of the world is only for the disobedient ones; It is like a man falling into the bottomless pit. His suffering has no end. To the children of God: The end of time is the beginning of the new world. It is like a pregnant woman who is in labor. As soon as she sees her child, she forgets all the pain.

    Daniel 12:10
    Many shall be purified, made white, and refined, but the wicked shall do wickedly; and none of the wicked shall understand, but the wise shall understand.

    Lord God of hosts, Holy Father
    Lord of hosts, Lord Jesus
    The Spirit and the Bride
    Gabriel, an angel of the Lord
    Mount Zion, Heavenly Jerusalem

  10. Keith Carter

    uhm… your chart says 9.93% benefit at age 66. (time stamp 7:35)

  11. J Maloney

    What year of marriage is divorce most common?

    While there are countless divorce studies with conflicting statistics, the data points to two periods during a marriage when divorces are most common: years 1 – 2 and years 5 – 8. Of those two high-risk periods, there are two years in particular that stand out as the most common years for divorce — years 7 and 8. Hi, I think this "10 year rule" is ridiculous, considering the statistics and that it doesn't include time of co-habitation as well. Curious, what are your thoughts?

  12. E Maclin

    What if you don't have the ex" San can you file with the divorce paper?

  13. Laura DeLoach

    My question is this. I meet all requirements for divorced spousal benefits. I will be taking my benefits at my FRA. If my ex dies a couple of years later , am I able to change my benefits to his which would be more than mine?

  14. Djuna Patschke

    If I have been on SSI and 55 and my ex spouse was on ssa disability and over 62 and passed away, what am I eligible for?

  15. jojo Perez

    Thank you so much for all of the valuable information. I was married for 10 years, divorced over 30 years ago, my spouse and I have not spoken in three decades. I have no knowledge of his current SS status i.e. did he file. what info would I need for the social security administration to show that we were married as all I have is our divorce decree and I have no knowledge of his SS number. This is a topic that has never been addressed in any of the YouTube videos that I have researched.

  16. jen zanoni

    I don't understand the calculation

  17. jen zanoni

    Divorced after 25 years…my ss estimate is 1600 at 62…..therefore do I get his if it is higher than mine or just part of it?

  18. Stacey Anne

    Tis may be a whole different video, but What happens when one gets divorced after 17 years, as a Homemaker and years later the homemaker is on disability? I am collecting on my ss for my worked share through Disability. … can one get ex's social security earlier while on permeant disability? I the used to be Homemaker am 58 and He is 68. and retired. can you help guide me if you are not sure? Thank you.

  19. Victoria Bryant

    Hello, I divorced after 10 years of marriage. My ex is now deceased. Can I apply for spousal benefits at 65 and still work. Lastly, I plan on retiring at 67 and applying for my ssa benefits which I believe will be higher than my ex spouse. Thank you.

  20. Jaimi Nelson

    My x and I owned a house at 04 married 05 May divorced in 13 could I get benefits

  21. Jeanette Hunt

    I was marr4 4 about 9 ahd s have year

  22. Scott Anderson

    Do I have to pay alimony a social security benefits to my ex

  23. TheCuteCat

    Me an Ex were at overseas, How to count to know you divorced is 10 years. On the final paper of judge . Or the date you filled out paperwork?

  24. Teri Hubbard

    Sorry I don't like intagram.

  25. upway2l8again

    Love your vids! Do I understand correctly (from other sources) that, because I receive half my ex’s federal pension through divorce decree, my eventual SSI will not be affected by WEP? Thanks in advance either way 🙂

  26. SlotsR-Metaphysical

    It's a shame but the 2nd marriage is usually put in place purely for ss benefits which is why my ex ain't alive no more and was only married 2 years

  27. Donna L Mich

    I was married 12 years, I never remarried, my ex husband has just applied, for his social security at age 70. I am 74, and have been on social security since age 62. Question: If my EX dies, will i get my EX’s amount at age 70? Or will i only get the amount that he would
    have gotten at FRA AGE?
    AGE 66 amount or his current amount of age 70?
    Thank you!

  28. Lori Pound

    Enjoy your telling spousal benefits, I’ve been disabled since 2003 about to turn 62 this month, wondered how that could affect my benefits. I had hoped after watching your video to ask your opinion?

  29. Peggy Ferrera

    How hard is it for the SSA to find the correct SS# for a spouse that died in 1992? I'm now 67, my x & I were married 11 years. I just found out he died from my SSA lady, that was helping me. My phone appt. is set up for Aug. 11th. Just wondering how hard it is to find all the correct SS#'s. Thanks for your help!!!

  30. Daniel B

    Let say your ex wife is 10 years older. If your estimate for full retirement benefit keeps going up and you haven't claimed yet, what number do they use when she files and do they adjust it when you finally claim your benefit?

  31. Larry's Live Bands

    Great video! Question for you, I am divorced, do I still get 100% of my Social Security benefits? My ex can get a certain percentage I know but I’m confused about if my amount will be lower if she claims to receive my benefits through Social Security.

  32. JH

    On the last scenario, the 82.5% is based upon the FRA of the primary earner or 82.5% of the divorced spouse’s FRA benefit? I think the answer is obvious, but want to be certain. Thanks

  33. COMMON DAILY REVIEWS

    God Bless you Sir. Thank you for your help in making these videos. Im still not familiar with instagram. But i will happily subscribe if that helps your business

  34. Suz

    Married >10, divorced >2. Both 62, don’t know if 1/2 of his is more than my full amount. How can I find out?
    Don’t know if I should apply for spousal benefit or not.
    Can’t get through to SS office.
    Thanks!!
    Please reply…anyone.

  35. tutsy bassista

    My divorce was final July 2016. We were married 13 years. I'm on disability for mental health, and I've been on that for about 10 years. I have NOT remarried.

    Is it true I can collect when I'm 49? On a 401k? And, NOT wait until he turns 62 or dies?

  36. Christine P.

    So if I was married 20 years, divorced for 8 and started drawing SS from my divorced spouse at his age of 62 that is the only SS I could ever draw. I couldn't switch to my own when I turn 67? Correct?

  37. WHITECHOCOLATE

    looking who willl answer my question,,,,been disablied begining of 2009,,,when I turn 65 and disablie is converted to ssi and u don't have 40 units,,,, does the marriage penatly stilll apply or there's no marriage penatly on ssi,,,,,,?????,,,

  38. WHITECHOCOLATE

    question if u remarrry after 50 and disable,,,, can u get suvior

  39. Donna

    What if the ex spouse was 65 and died but was still working had not filed for SS. And I am disabled and already drawing SS disability at age 58.

  40. M True

    I have called ssa many times this year and every single time I call the ssa employee gives me misinformation on ex spousal benefits! Thank you for this clarity!

  41. Vicarious Brixtress

    SSA told me that because 50% of my ex’s PIA at FRA is less than my benefit at FRA, I cannot claim (ex)spousal benefit. I understood I could claim the (ex)spousal benefit now and claim mine later, letting it grow. Which is it?

  42. L A

    I was told I could receive my ex spouse benefit’s at 60 yrs. My my income would effect what I receive, -$2 in the difference.

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