Divorced? You May Be Owed Up to 50% of Your Ex’s Social Security

A growing number of couples are opting to divorce later in life. Also known as “gray divorce,” the share of people 50 and over who got divorced doubled between 1990 and 2010.

If you’re divorced and nearing retirement, you may be hoping to carve out a life for yourself that has nothing to do with your ex. But while you may not have to spend time with your former spouse or communicate with them regularly, you may be tied to them in the context of Social Security.

In fact, depending on your circumstances, you may be eligible to collect a Social Security benefit worth as much as 50% of your ex-spouse’s full retirement age benefit. Better yet, claiming that benefit won’t reduce your ex’s monthly checks or affect what their current spouse, if they have one, can receive.

The rules related to Social Security spousal benefits for divorcees can be confusing, though. Let’s review them so that you know what to expect.

How Social Security benefits work for people who are divorced

Social Security allows some divorced people to claim benefits based on an ex-spouse’s earnings record. To qualify for spousal benefits from Social Security as a divorcee, you generally have to meet several requirements:

• Your marriage lasted at least 10 years.
• You’re currently unmarried.
• You’re at least 62 years old.
• Your ex-spouse is entitled to Social Security.
• The benefit you’d receive based on your own work record is smaller than the spousal benefit you’re eligible for.

If your ex-spouse hasn’t started collecting Social Security yet, you may still be able to claim spousal benefits. The rules are different for married couples, where the spousal benefit applicant must wait for their spouse to file first.

The maximum spousal benefit you can get from Social Security in this situation is generally 50% of your ex-spouse’s primary insurance amount — the benefit they would receive at their full retirement age.

For example, if your ex is entitled to $3,000 per month at full retirement age, the largest spousal benefit you can receive is $1,500 per month. And if you want that maximum amount, you’ll have to wait until your full retirement age to claim spousal benefits.

You should also know that spousal benefits from Social Security are not eligible to earn delayed retirement credits. In other words, waiting beyond your full retirement age won’t increase this particular benefit the way it could increase your own retirement benefit based on your earnings history.

Finally, you should know that your spousal benefit claim will not impact your ex. Your ex also can’t approve or deny your spousal benefit claim. They don’t get a say. It’s only the Social Security Administration that determines whether you’re eligible to receive spousal benefits or not.

Should you claim Social Security spousal benefits if you’re divorced?

The decision to claim spousal benefits should largely hinge on how much money from Social Security you’re eligible to receive. If your ex-spouse was the primary earner in your household and your wages were minimal, 50% of your spouse’s benefit may amount to more than your benefit.

But let’s say you’re eligible for a $1,500 monthly spousal benefit or a $1,900 benefit based on your own earnings history. Social Security will only pay you one retirement benefit at a time. So in this case, it pays to collect your own benefit since it will put more money in your pocket.

For many retirees, spousal benefits are a valuable source of retirement income. And you may be entitled to that money even if you’re divorced. Just make sure you know the rules so you’re able to file for spousal benefits at the right time and understand how much monthly income may be coming your way.

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