If you are divorced, you may still be eligible for Social Security benefits, considering your ex-spouse’s work record.
However, you need to meet various eligibility requirements.
What are those?
Let’s check the eligibility criteria to consider for divorced spouses and the impact of remarriage.
Eligibility Criteria for Social Security Benefits
If you want to be eligible for the Social Security benefits depending on your ex-spouse’s work record, you must meet the following criteria:
- You have been married for about ten years.
- You have reached the age of 62.
- You are currently not married.
- Your ex-spouse is entitled to Social Security requirements or disability benefits.
The benefits you will receive depending on your work record are usually less than what you receive based on your ex-husband or wife’s work record.
It is essential to note that you only get one benefit at a time, either your retirement benefit or a divorced spouse’s benefit.
However, everyone’s situation is different, and it is best to consult with a social security attorney.
Special Considerations
If your former spouse dies, you can still collect Social Security benefits.
The SSA will consider everything—your marriage history during the month of your former spouse’s death—to know your eligibility.
If it is valid, you can even receive a huge one-time sum death benefit.
The amount is equal to 1/2 of your ex-spouse’s primary insurance amount (PIA).
If your divorced spouse is remarrying, you can still receive Social Security benefits from the original marriage.
The marriage of your ex-spouse will not affect your eligibility or the amount of benefit you may get.
How to Apply for the Benefits?
If you meet the requirements, you can apply for the benefits at your Social Security law firm or online (SSA.gov).
The Social Security Administration will ask for your:
- Marriage certificate
- Your Social Security number to process the application.
- Your former spouse’s work history and record
- Proof of divorce
They will also assume that you are applying for the benefits on your record for the first time.
If the benefits you receive depend on your work record and are less than your ex-spouse’s, SSA will consider it and award you any extra money due for you.
Social Security benefits from an ex-spouse can be a great way to maximize retirement income.
However, you need to know that there are strict eligibility rules.
So, be aware of your rights, and take time to apply correctly to increase your financial security in later years.
Social Security Benefits for Divorced Individuals
If you are divorced and near your retirement age, you must be thinking about your social security benefits.
Calculating social security benefits as a divorcee can be confusing, but it is essential to understand what benefits you are eligible for when planning your retirement.
Retirement and Disability Benefits
As a divorcee, you get Social Security retirement or disability benefits depending on your work history or your ex-spouse’s work history.
Usually, you need to be about 62 years old.
Further, if you are collecting benefits considering your ex-spouse’s work history, you just need to be divorced for at least two years, and your ex-spouse should be entitled to social security retirement or disability benefits.
Survivor Benefits and Divorcees
If you are a surviving divorced spouse, you are entitled to survivor benefits depending on your spouse’s earnings record.
To be eligible for survivor benefits, you need to be at least 62 years old and have been married to your ex-spouse for about ten years.
If you are eligible for the survivor’s benefits, you can receive about 100% of your ex-spouse’s full retirement benefits.
It is important to note that eligible rules for divorced spouse benefits differ from those for spousal benefits.
As a divorcee, you are not just entitled to the spousal benefits depending on your ex-spouse’s earnings unless you were married for about ten years and have not remarried.
When calculating your social security benefits as a divorced person, you need to know your work history and your ex-spouse’s.
You can get your earnings history by connecting with the Social Security Administration, and you can even get your ex-spouse’s earning records and history by contacting the Social Security Administration or by working with an attorney.
Frequently Asked Questions
How much Social Security do you get from a divorced spouse?
A divorcee is qualified for half of their ex’s retirement benefits.
If the ex is deceased, that benefit increases to 100%.
How can you claim your ex-spouse's social security?
You need to go to the Social Security Administration website to get applications for Social Security benefits, even for a divorced spouse’s benefits.
What is the 10-year marriage rule for Social Security?
The 10-year rule applies to divorced spouses who claim their ex’s Social Security benefits.
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