Can You Still Receive Social Security Benefits After a Divorce?

Was your relationship with your spouse terminated through divorce? No worries! It is still possible that you qualify for a spousal Social Security benefit that is based on the work history of your ex-husband. In case you satisfy the necessary conditions to qualify for these benefits, the amount of money you will get when you retire will be significantly higher than before. 

Divorce is tough, and it really takes a toll on one's life, but in contrast, Social Security spousal benefits should not be complicated. If you want to gain some insight into divorce and Social Security, then continue reading this guide!

Eligibility for Social Security Benefits After Divorce

There are several aspects that specify the rightful claiming of the Social Security benefits for spouses, which are dependent on the work record of a divorced spouse: 

1. Marriage Length

   
   

The minimum duration of your marriage was 10 years, so that you can qualify for the benefits.

2. Marital Status of Your Ex-Spouse

   
   

In case your ex has married again, but you are still single, there is a possibility that you will get spousal Social Security benefits. This will not impact the benefits accessible to your ex and his/her new spouse.

3. Your Marital Status

   
   

You have to be divorced and not remarried to qualify; nevertheless, in case you had a remarriage that is now over by death, divorce, or annulment, you can receive benefits from that spouse’s Social Security account.

4. Age

   
   

It is required that you are 62 years old or older so that you can collect spousal benefits from Social Security, which is based on the work record of your ex-husband or wife.

5. Death

   
   

If your ex-husband is no more, then if you fulfill the initial four requirements, the Social Security Administration states that you can become a recipient of a widower's or widow's benefits program.

6. Eligibility Age

   
   

If your ex-spouse qualifies for their own Social Security retirement benefits, you are eligible for spousal benefits, even if your ex has not applied for these benefits yet. But in any case, you must have been divorced for two years before filing the application.

7. Early Retirement

   
   

In case you qualify for the spousal social security benefits before your full retirement age, you will be given the spousal benefit together with your own retirement benefit, minus a certain amount that is a reduction. The two benefits that you will be given, depending on how many months are left before you reach your full retirement age, will be reduced accordingly.

Social Security Benefits for Divorced Spouses

If you are receiving Social Security retirement benefits, certain members of your family might also be eligible to obtain benefits under your Social Security record. Your ex-spouse, spouse, or child might get a monthly payment that is up to one-half of your retirement benefit amount if they meet the eligibility requirements. The payments will not lower the amount of the retirement benefit that you receive.

Even in the case that your ex-husband or ex-wife is divorced, and they meet the criteria to receive benefits, the total benefits that you or your family are eligible for will remain the same.

If you’re divorced, your ex-spouse is allowed to collect retirement benefits that are derived from your earnings record (this is also true if you have remarried) only in case:

• The duration of your marriage was 10 years or more.

• Your ex-husband/wife does not have a new partner.

• The ex-spouse of yours is 62 years of age or older.

• It is your right to receive Social Security benefits for retirement or in case of disability.

  
  

How Much Can a Divorced Spouse Receive in Benefits?

If you are eligible to get retirement benefits and have not applied for them, your ex-spouse may collect benefits from your account, provided that you have been divorced for more than two years.

We will first make a payment to your ex-spouse's own retirement benefit if they qualify for a retirement benefit based on their record. In case the benefit from your record is greater, a supplementary payment will be made to them so that the sum of the two benefits corresponds to the higher amount.

Final Thoughts

To sum up, ex-spouses who have divorced remain eligible for certain Social Security Spousal benefits if they meet the necessary criteria. Knowing what these advantages are can be of great help in the later years of life. If you want to be updated about everything concerning the Social Security topic through the channel of Social Security Alerts, then visit SocialSecurityAlerts.News will be your favorite outlet. Keep up with the latest information and plan your financial future with certainty!

FAQs

How does your spouse get your Social Security?

Upon the submission of retirement benefits by a worker, the worker's spouse may be eligible to receive a benefit derived from the worker's income.

Does a widow get 100% of her husband's Social Security?

If you have attained normal retirement age, you are entitled to the full benefit that your spouse was (or would have been) receiving.

What is the maximum spousal benefit under Social Security?

With your full retirement age (FRA) benefit, the Social Security Administration (SSA) evaluates the best possible secondary or monthly benefit that will be available to your husband/wife. The maximum spousal benefit is 50% of your partner's retirement benefit at their full retirement age (FRA).