When two people are going through a divorce Social Security is probably the last thing either party is concerned about, but it is something that divorced individuals should look into eventually because a divorced spouse can still be eligible for Social Security benefits based on their ex-spouse’s earning record, as long as all the qualifications are present.
The rules are pretty clear and no matter how an ex-spouse may feel about their former partner, ex-spouses are eligible for these benefits, but certain circumstances can change eligibility. Because ex-spousal benefits are not an often talked about benefit it is valuable to learn more about the eligibility for these benefits. Below is information from Social Security about who may be eligible for ex-spousal benefits from Social Security.
If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if:
- Your marriage lasted 10 years or longer.
- Your ex-spouse is unmarried.
- Your ex-spouse is age 62 or older.
- The benefit that your ex-spouse is entitled to receive based on their own work is less than the benefit they would receive based on your work.
- You are entitled to Social Security retirement or disability benefits.
How Much Will Your Divorced Spouse Receive
If you have not applied for retirement benefits, but can qualify for them, your ex-spouse can receive benefits on your record if you have been divorced for at least two continuous years.
If your ex-spouse is eligible for retirement benefits on their own record, we will pay that amount first. If the benefit on your record is higher, they will get an additional amount on your record so that the combination of benefits equals that higher amount.
If your ex-spouse was born before January 2, 1954, and has already reached full retirement age, they can choose to receive only the divorced spouse’s benefit and delay receiving their own retirement benefit until a later date.
If your ex-spouse’s birthday is January 2, 1954 or later, the option to take only one benefit at full retirement age no longer exists. If your ex-spouse files for one benefit, they will be effectively filing for all retirement or spousal benefits.
If Your Ex-Spouse Works
If your ex-spouse continues to work while receiving benefits, the same earnings limits apply to them as apply to you. If your ex-spouse is eligible for benefits this year and is also working, you can use our retirement earnings test calculator to see how those earnings would affect those benefit payments.
If your ex-spouse will also receive a pension based on work not covered by Social Security, such as government work, their Social Security benefit on your record may be affected.
The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive.
If You Remarry
If you remarry, your ex-spouse will still be eligible for benefits if they meet the requirements.
If your former spouse is deceased and you need information about possible survivors benefits, please read, Surviving Divorced Spouse.
