Did you know that you might be eligible for Social Security benefits based on your ex-spouse’s work history? If you were married for at least 10 years and are now divorced, these benefits could provide a substantial boost to your retirement income - without your ex-spouse even being aware. Yet, many people miss out on this opportunity, particularly when the marriage and divorce happened earlier in life, leaving valuable benefits unclaimed.
Today, I'll dive into how these benefits work, who qualifies, and show you possible real-life scenarios to illustrate how understanding them can potentially enhance your financial security in retirement.
Let’s start with an example to bring this to life.
Sarah was married to David for 12 years. They worked hard, raised kids, but eventually, they grew apart and divorced. After their divorce, Sarah continued to focus on her career and eventually began to prepare for retirement. Like many, she was unsure about what she might be entitled to under Social Security, especially regarding any potential benefits linked to her former marriage. Sarah had heard about divorced-spouse benefits but wasn't sure how they applied to her situation.
Here’s where the story gets interesting.
If your marriage lasted at least 10 years, and you meet a few other eligibility criteria, you may be able to receive Social Security benefits based on your ex-spouse’s earnings record. Importantly, this will not reduce their benefit in any way. In Sarah’s case, she discovered she could claim a portion of David’s benefit - providing her with additional income that she hadn’t factored into her retirement planning.
Who Qualifies for Social Security Divorced-Spouse Benefits?
To qualify for divorced-spouse benefits, you must meet these specific conditions:
You must be legally divorced from your ex-spouse.
The marriage must have lasted at least 10 years. If you were married for 9 years and 11 months, you won’t qualify – the 10-year rule is firm.
You must be unmarried at the time you apply. Remarrying will disqualify you from receiving this benefit.
You must be at least 62 years of age. If you wait until full retirement age (FRA), you can get up to 50% of your ex-spouse’s full benefit – with no impact on them.
Now, the next part is important. Your ex-spouse must be eligible for Social Security and be at least 62 years old, though they do not need to have filed for their own Social Security benefits if your divorce occurred more than two years ago.
In Sarah’s case, she was 63, had never remarried, and met the other requirements. Because of this, she was eligible to receive divorced-spouse benefits, regardless of whether David had filed for his benefit. Importantly, Sarah did not need David’s approval or even his knowledge to apply for these benefits.
Maximizing Retirement Income
Consider David’s Social Security benefit. His Primary Insurance Amount (PIA) was $3,800 per month. Sarah, at FRA, was entitled to receive 50% of this amount, which equaled $1,900 per month. This additional income helped her maintain a more comfortable retirement lifestyle, covering expenses like healthcare and daily living costs.
If you find yourself in a similar situation, it’s important to explore whether these benefits might apply to you, potentially enhancing your retirement income.
Higher-Earning Spouse Scenario
Now, let’s consider James, who had been married to Maria for 14 years. While James’s own Social Security benefit would be higher than 50% of Maria’s, he wondered whether he could claim a benefit based on Maria’s work record while allowing his own benefit to grow.
The rule here is straightforward: if your own Social Security benefit is greater than 50% of your ex-spouse’s PIA, you will not qualify for divorced-spouse benefits.
Additionally, once you begin claiming your own benefit, you will no longer accrue delayed retirement credits. In James’s case, he would need to rely on his own benefit, as it was higher than what he would receive from Maria’s record.
What Happens if Your Ex-Spouse Dies?
Another question we get is what happens if your ex-spouse passes away? In that event, you may be eligible for survivor benefits, which can be as much as 100% of your ex-spouse’s benefit, assuming you either remained unmarried or remarried after the age of 60.
Returning to Sarah’s story, let’s imagine that David had passed away. Since Sarah was unmarried and over the age of 60, she would have been eligible to switch from her divorced-spouse benefit to the higher survivor benefit.
By applying at her FRA or later, she could receive David’s full monthly benefit of $3,800. Survivor benefits can provide substantial financial security, especially for individuals who were financially dependent on their former spouse during their marriage.
Divorced Spouse Own Benefit
If you’re divorced and also qualify for benefits based on your own work record, Social Security will pay your personal benefit first. The positive aspect is that if your PIA is less than 50% of your ex-spouse’s PIA, you’ll receive the difference as an additional benefit on top of your own.
For example, Maya, who was married to Jack for 12 years, also considered divorced-spouse benefits. Jack’s PIA was $3,400, and Maya’s own benefit was $1,000. If Maya waited until her full retirement age, she would receive her $1,000 benefit plus an additional $700 (the difference between her PIA and one-half of Jack’s PIA) to bring her total monthly benefit up to $1,700.
If Maya had claimed benefits before reaching full retirement age, both her own benefit and the spousal portion would have been reduced.
This reduction is permanent, so it’s crucial to understand how early filing can impact the amount you receive throughout retirement.
Multiple Marriages and Selecting the Highest Benefit
What if you have been married more than once? In such cases, you can choose to receive benefits based on the highest-earning ex-spouse, provided each marriage lasted at least 10 years and you are currently unmarried. It’s also important to note that if you qualify for Social Security benefits based on your own work record, those benefits will be paid first.
For instance, Linda was married to John for 18 years and then to Michael for 13 years. By the time she applied for divorced-spouse benefits, more than two years had passed since her divorce from Michael. This allowed her to choose between John’s and Michael’s work records. Since John’s PIA was higher at $3,800 compared to Michael’s $3,500, Linda opted to receive benefits based on John’s earnings, maximizing her Social Security income.
Marriage, Divorce, and Remarriage Time Considerations
There’s another scenario to consider if you’ve been divorced, remarried, and divorced again from the same person. For example, Peter and Paula were married for six years, divorced, and later remarried for another four years before divorcing again. In this case, the two periods of marriage can be combined to meet the 10-year rule, provided the remarriage took place within the calendar year following the initial divorce.
This rule can be a valuable asset when calculating eligibility for benefits.
Non-Social Security Covered Job
The last scenario that I want to cover today is when the person applying for the divorced-spouse benefit worked in a job not covered by Social Security. In this case, their benefit will be reduced by two-thirds of their pension amount due to the Government Pension Offset (GPO). This reduction often results in the benefit being reduced to zero.
For example, Laura worked as a state employee in California, where she did not contribute to Social Security. She receives a monthly pension of $2,700. Laura was married to Paul for more than ten years, and Paul’s PIA is $2,500. Although Laura would be eligible for a $1,250 divorced-spouse benefit, the GPO reduction of $1,800 (two-thirds of her pension) reduces that benefit to zero. However, if Paul passes away, Laura will be eligible for a survivor benefit, and after the GPO reduction, she would receive $700 ($2,500 - $1,800 = $700).
Applying for Divorced-Spouse Benefits
To apply for divorced-spouse benefits, you will need to provide the Social Security Administration with your divorce decree, showing the dates of marriage and divorce, and possibly your ex-spouse’s Social Security number. If you don’t have access to that, don’t worry - Social Security can still process your application with sufficient identifying information, such as your ex-spouse’s full name and birthdate. Your ex-spouse’s current marital status is completely irrelevant and will not affect your eligibility.
Remarriage Rules
If you remarry while receiving divorced-spouse benefits, you must inform the Social Security Administration, and your benefits will end. The upside is that you may become eligible for benefits based on your new spouse's work record.
In summary, if your ex-spouse is alive, remarriage at any age disqualifies you from divorced-spouse benefits. But if your ex-spouse passes away, you can receive survivor benefits, even if you remarried after age 60.
Estimating Benefits When Your Ex’s Information is Unavailable
A final point I want to cover is how to estimate your ex-spouse’s benefit if you don’t have access to their specific details. In 2024, the maximum Social Security benefit at full retirement age (FRA) is $3,822, so it’s likely your ex-spouse’s PIA falls somewhere between $2,500 and $3,800. You would typically be entitled to 50% of that amount. For example, if your ex’s PIA is $3,600, your divorced-spouse benefit would likely be approximately $1,800
Final Thoughts
If you are divorced and wondering whether you qualify for divorced-spouse benefits, now is the time to review your situation. These benefits can provide a significant boost to your retirement income, potentially making a big difference in your financial security.
Take the time to explore your options and ensure that you are not missing out on this opportunity. You may be surprised by how much of an impact these benefits could have on your retirement planning. And if you’d like our assistance in reviewing your Social Security benefits or determining the best claiming strategy, feel free reach out to us to request your complimentary Social Security Analysis Report.
Also, make sure to check our free "Am I Eligible for Divorced-Spouse Social Security Benefits" flowchart to see you're eligible.
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