Seniors, Divorce & Social Security

If you are divorced, you might still qualify for Social Security benefits on your ex-spouse’s work record.

First, let’s assume that your ex-spouse is still living. You generally can receive benefits based on your ex-spouse’s work record if your marriage lasted 10 years or longer, you are currently unmarried, and you are at least 62 years of age. This is true even if your ex-spouse has remarried. Keep in mind, however, that any retirement benefit you are eligible to receive based on your own work record must be lower than the benefit you would receive from your ex-spouse’s record. In other words, you collect whichever benefit is higher, but not both.

Also keep in mind that your ex-spouse must be entitled to Social Security retirement or disability benefits in order for you to be entitled to benefits as an ex-spouse. Provided he is so entitled, you may take your benefits even if he has not begun taking his if you have been divorce for at least two years.

How much of a benefit will you receive depends on how old you are. If you are at full retirement age (66 for people born from 1943 to 1954), you will be eligible for payments that are 50 percent of what your ex would get. You may begin taking the benefits before your full retirement age but your benefits will be permanently reduced.

Also, you should not expect any angry phone calls from your ex since any benefits you receive as an ex-spouse have no effect on the amount of benefits he or she gets. Now let’s assume that your ex-spouse has died. You generally can get benefits based on his or her work record if you are 60 or older (or if you are 50 and disabled), your marriage lasted at least 10 years, and your own retirement benefit would not be higher than what you could claim on your ex-spouse’s record. However, there is an important caveat: if you remarry before age 60 (or 50 if you’re disabled), you cannot receive this benefit. If you remarry after 60 (50 if disabled), you can receive the benefit.

Having read the above, you may be disappointed if your marriage lasted less than 10 years. There is good news if you and your ex-spouse have a child together (including by adoption), you are caring for that child, and the child is younger than 16. In that case, you can begin receiving benefits on your ex-spouses employment record at any age and receive it until the child reaches age 16.

You may also be wondering about your ex’s other ex-spouses. You may recall from above that you still get an ex-spouse benefit if your ex remarries. That is true even if he or she got divorced a second time or more. If you meet the qualifications, you get a benefit. Likewise, if you have had multiple marriages of at least 10 years in duration, you may qualify for benefits based on more than one ex-spouse’s employment record. As you probably guessed, you must select only one on which to receive your benefit.

Of course, the above information is just the basics and does not address every detail and situation. For an in-depth look at your eligibility and to start the process of obtaining your benefits contact the Social Security Administration, visit its website and consult legal counsel.