Can I Collect My Ex-Husband’s Social Security and My Own?

Individuals can collect Social Security benefits based on an ex-spouse’s earnings record, even if eligible for their own. This highlights the complexities of Social Security rules following divorce. Understanding these benefits can provide important financial support during retirement. This guide clarifies the requirements, benefit calculations, and application process for divorced spouse Social Security benefits.

Eligibility for Divorced Spouse Benefits

To qualify for Social Security benefits based on a former spouse’s work record, several specific criteria must be met. The marriage must have lasted for at least 10 consecutive years. This 10-year duration is a strict requirement.

The individual seeking benefits must be currently unmarried. If remarriage occurs, eligibility for benefits based on a living former spouse’s record generally ends, unless the later marriage concludes due to death, divorce, or annulment. The claimant must be at least 62 years old to begin collecting benefits.

The ex-spouse must also be eligible for Social Security retirement or disability benefits. They do not need to have already applied for or be receiving their benefits for the former spouse to claim, provided the divorce has been final for at least two years. This two-year divorce rule does not apply if the ex-spouse is already collecting benefits. Lastly, the individual’s own retirement benefit must be less than the benefit they would receive based on their ex-spouse’s record.

Understanding Your Benefit Amount

When an individual qualifies for Social Security benefits on their own work record and as a divorced spouse, the Social Security Administration does not pay both amounts. Instead, the agency applies a “higher of the two” rule, where the individual receives an amount equal to the higher of the two calculated benefits. This means an individual cannot collect their full own benefit and a full divorced spouse benefit simultaneously.

The “deemed filing” rule significantly affects how benefits are claimed. For those born on or after January 2, 1954, when applying for one type of benefit (e.g., spousal), they are generally “deemed” to have filed for all benefits they are eligible for, and the Social Security Administration automatically pays the higher amount. This rule prevents individuals from strategically claiming only spousal benefits while allowing their own retirement benefits to grow, then switching later. However, those born before January 2, 1954, may have the option to file a “restricted application,” allowing them to claim only their divorced spouse benefits first and delay claiming their own retirement benefits until a later age to earn delayed retirement credits.

The benefit amount for a divorced spouse is generally based on the ex-spouse’s earnings record. A divorced spouse can receive up to 50% of the ex-spouse’s primary insurance amount (PIA), which is the benefit the ex-spouse would receive at their full retirement age (FRA). Full retirement age varies by birth year, generally falling between ages 66 and 67. Claiming benefits before reaching one’s own full retirement age will result in a permanent reduction of the benefit amount, whether it’s based on one’s own record or the divorced spouse’s record. For instance, claiming at age 62 can reduce the divorced spouse benefit to approximately 32.5% of the ex-spouse’s full retirement age benefit, instead of 50%.

Claiming benefits as a divorced spouse does not reduce the ex-spouse’s benefit amount. It also does not impact the benefits of the ex-spouse’s current spouse, if they have remarried. These benefits are separate entitlements.

Applying for Social Security Benefits

The application process for divorced spouse Social Security benefits involves gathering specific information and submitting required documents. Before initiating an application, it is beneficial to collect all necessary personal details. This includes your Social Security number, your date and place of birth, and your current citizenship status. You will also need information about your former marriage, such as the date and place of marriage, and the date and place of divorce.

It is beneficial to have your ex-spouse’s Social Security number; however, if it is not known, the Social Security Administration can often locate their record using details like their full name, date and place of birth, and parents’ names. Details of your recent work history, including W-2 forms or self-employment tax returns for the previous year, are also typically requested. These details help verify eligibility and calculate potential benefit amounts.

Several documents are required to support your application:
Your original birth certificate or other proof of birth to verify your age.
A marriage certificate for your former marriage.
The final divorce decree.
Proof of U.S. citizenship or lawful alien status, if you were not born in the United States.

The Social Security Administration generally requires original documents for verification, but they will return them to you.

Once all information and documents are prepared, you can apply for divorced spouse benefits. Applications can be submitted online through the Social Security Administration’s website, by calling their national toll-free number, or by visiting a local Social Security office. Scheduling an appointment for in-person visits can help reduce waiting times. After submission, the Social Security Administration will process your application, which may involve follow-up requests for additional information or clarification. You can typically check the status of your application online or by contacting the Social Security Administration directly.