Divorce benefits do not exist in Social Security, but divorced spouses can be eligible to receive benefits based on an ex-spouse’s earnings record.
Former spouses can often qualify to receive Social Security spousal benefits, and the terms are quite generous. Former spouses may have more choices and freedom compared to current spouses.
However, slight variations in timing could result in a divorced spouse missing out on benefits or receiving lower benefits than they could have received with better timing.
If you meet the eligibility criteria, you can receive Social Security spousal benefits based on your former spouse’s earnings record.
The marriage must have lasted at least 10 years, the couple must have been divorced for at least two years, and the ex-spouse claiming the benefits must still be unmarried. Moreover, both former partners need to be at least 62 years old.
If the requirements are satisfied, a divorced individual can apply for benefits based on the earnings record of their former spouse.
Whether the former spouse whose earnings history is the basis of the claim is already receiving retirement benefits is not relevant.
The former spouse whose earnings are being used for the claim is not consulted, may be remarried, and is not notified about the claim for benefits.
Benefits received by an ex-spouse do not impact the benefits paid to the worker or any current spouse.
This implies that three or more individuals are eligible to receive benefits using the earnings record of the same worker.
When a marriage ends, one former partner may be entitled to claim the retirement benefits based on the other ex-spouse’s earnings record.
In a straightforward manner, let’s consider the scenario where the ex-wife is thinking about claiming spousal benefits based on her ex-husband’s earnings record.
The ex-wife is entitled to receive 50% of her ex-husband’s full retirement age benefit if she waits until her own full retirement age to claim the benefits.
The spousal benefits remain consistent regardless of the ex-husband’s age, provided he is at least 62.
However, the ex-wife will see a reduction in her spousal benefit if she chooses to claim it before reaching her full retirement age.
Actually, the reduction rate for claiming spousal benefits before full retirement age is higher than for claiming one’s own retirement benefits early.
If a divorced spouse decides to claim the spousal benefit at age 62, the benefit will be reduced by 30 percent.
In comparison, claiming a retirement benefit at 62 results in a reduction of only about 25 percent from the full retirement age benefit.
Remarriage Rule in Social Security Spousal Benefits
If the two-year divorce requirement has not been met, a former spouse is still eligible to receive spousal benefits based on the earnings history of the other ex-spouse if the other ex-spouse has applied for retirement benefits.
In order to receive benefits based on the earnings history of a former spouse, you must not be remarried when submitting the claim.
Age, length of marriage, and time since divorce are all irrelevant. If you have remarried and are currently married, you are not eligible to receive benefits based on your ex-spouse’s earnings history.
You are eligible to receive benefits based on either your own earnings record or your current spouse’s.
The remarriage rule for ex-spouses differs from the rules for survivor’s benefits and can be a source of confusion.
The rule about remarriage may dissuade certain older couples from getting married and sometimes even prompt a married couple to consider divorce.
It’s worth noting that you just need to be unmarried when you apply for spousal benefits. Imagine divorcing spouse #1, and then marrying spouse #2. Next, you end your marriage with spouse #2.
Congratulations! You are now eligible to receive spousal benefits based on the earnings history of your former spouse, as long as you were married for over 10 years and have been divorced for more than two years, given that you are currently single.
