Social Security Benefits for Spouses after Divorce

by | Jun 20, 2023 | Spousal IRA | 18 comments

Social Security Benefits for Spouses after Divorce




If you’re divorced, you may be eligible to receive Social Security benefits based on your ex’s work history – but there are rules.

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Timestamps
0:00 – Social Security for divorced spouses
0:25 – How much you can receive
1:30 – Requirements for eligibility
2:26 – A funny rule to think about

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Social Security provides financial assistance to countless Americans, offering a safety net during retirement or times of disability. While many individuals are well-aware of the benefits they themselves may receive, it is important to also understand the benefits available to divorced spouses.

Divorce is a reality that many couples face, and it can have significant financial implications for both parties involved. However, divorced spouses may still be entitled to claim Social Security benefits based on their ex-spouse’s work record, even after the marriage has ended.

To qualify for Social Security benefits as a divorced spouse, several conditions must be met. First, the marriage must have lasted at least ten years. Second, the individual seeking benefits must be unmarried, unless their subsequent marriage ended through the death of their spouse. Additionally, the beneficiary must be at least 62 years old, and their ex-spouse must be eligible to receive Social Security retirement or disability benefits.

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Once these requirements are met, a divorced spouse can begin to explore their potential benefits. If one’s ex-spouse is eligible for Social Security but has not yet claimed benefits, they can still claim based on their ex-spouse’s work record. This is true even if their ex-spouse has remarried. The divorced spouse will not receive more than half of their ex-spouse’s full benefit amount, but it is a valuable resource in helping to secure a stable financial future.

It is important to note that when a divorced spouse claims Social Security benefits, it does not affect the benefits received by their ex-spouse or his or her current spouse. In other words, claiming benefits as a divorced spouse does not reduce the amount that your ex-spouse or their new spouse is entitled to.

It is also worth mentioning that if one qualifies for Social Security benefits on their own work record and the ex-spouse’s record, the Social Security Administration will always pay the higher of the two amounts. This ensures that individuals can receive the maximum benefits to which they are entitled.

To apply for Social Security benefits as a divorced spouse, one needs to provide certain documents and information. This includes proof of a marriage that lasted at least ten years, official divorce papers, and the ex-spouse’s Social Security number. It is recommended to prepare these documents in advance to expedite the application process.

Understanding and claiming Social Security benefits for divorced spouses can be a complex process, but it is crucial to securing financial stability. The Social Security Administration provides information and resources to guide individuals through the application process. Additionally, seeking advice from financial planners or consulting legal professionals specializing in divorce and Social Security matters can be beneficial.

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In conclusion, Social Security benefits for divorced spouses offer valuable financial support to those who have ended their marriage. By meeting certain requirements and following the appropriate application procedures, divorced individuals can claim benefits based on their ex-spouse’s work record. This can be an essential lifeline for those facing financial uncertainty post-divorce and can contribute to a more secure retirement. It is imperative that divorced spouses are aware of their rights and take advantage of the benefits they are entitled to.

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18 Comments

  1. chris consorte

    I was married from 2004-2010. She remarried shortly after we divorced, is my ex entitled to my social security benefits?

  2. Vapor Trail

    Makes no sense to me that someone would want to take at 62. They must be real losers, definitely not good at math, but hey, that leaves more money for me. I'm getting ready to draw 2yrs early (64@8months). Longevity aside, I still wouldn't wait past 65, because that's when the government starts taking Medicare payments out and a person would have to live past 85 to start losing money. Realistically the odds of living that long are not that good. But each to their own. I hope I live long enough to see these people that drew at 62 take the 20% hit they will be getting less than a thousand dollars after taxes and Medicare

  3. Keith Carter

    My ex and I have been trying to figure out the rules for her applying for 1/2 of my benefits because that will be far greater than 100% of hers. Married 29 years, divorced more than 2 years, but I am less than 62 and she is 66. How would they determine what the benefit would be?

    BTW we went to the Social Security office and they told us she could get 1/2 of what I get all the way up to when I was 70 (wrong answer) but she had to wait to apply till I did (wrong answer). Went to a financial planner and they told her if she applied now she could only get 100% of hers and would be locked in to hers (would lose access to 50% of mine).

  4. Libby SingsContrezzo

    Social Security is SO stacked in favor of married (or formerly married) people.

  5. Brian Baker

    This ignores the FV of investable assets not expended due to early SS withdrawal. The value of Pete's savings is approximately $315k which would yield another $20.5k at 6.5%.

  6. Brenda Provence

    After my father died my mother received an additional amount to her Social Security because she had never remarried

  7. Linda fleming

    I just applied for ss at my FRA. I’m divorced after being married for 22 years. I was told I could not collect on my exes work record bc I was born after 1954? What is the truth?

  8. Rodney Richards

    I've been divorced for 30 plus years.. can your ex draw on your current earnings or just the earnings during the marriage?

  9. Henry Xavier

    i keep telling my friends 30+ years ago when i’m older i’m not getting SSI why cause congress knows how to rape that account too It shouldn’t have been touched in the first place now most others are relying on it, yet we spent more than 4 billion on other countries….

  10. Ed Rodriguez

    My ex-wife is on her third husband in six years. She's on pace to have more rings than Tom Brady.

  11. K B

    No ex should get the other's ex's SS for any reason. That should not even be an issue after someone gets reamed in the divorce, usually the man.

  12. Mike Appignani

    Can you receive S S I IF YOU HAVE AN ESTATE ACCOUNT FROM YOUR MOTHER??????

  13. lisas44

    Good vid tks!

  14. ChrisMike DanekMalda

    Interesting additional caveat in all this. If you remarry AFTER the age of 60, you are still eligible for the survivor benefit

  15. Hazel Wears

    What if he too is on ssdi and we divorce?

  16. Yasin Nabi

    Makin money can be easy by having a job, but making money out of money is a game, Learn the Game of money and always have money, even if you are not doing any job. thanks for the share :)~~~

  17. Water Bug

    The survivor benefit is interesting because I believe it allows deferring my benefit. Problem is how do you know or find out an ex has passed? Stalk them? Send them a card "How are you feeling today?" I was wondering if applying for survivor benefit a few times a year and being denied would work. Or would applying be considered attempted fraud?

    It also brings up a dark side of an ex getting a fair amount of money should an ex get murdered. Scary everytime I start my car.

  18. Brandon Cone

    Do you get to defer your benefit while you collect the spousal benefit?

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