Can You Collect Your Ex-Spouse’s Social Security?

Divorced individuals often wonder if they can claim Social Security benefits based on an ex-spouse’s earnings record. This provision offers a specific pathway for financial support to divorced individuals under certain conditions. Understanding these rules is an important aspect of retirement planning for those who have experienced a marital dissolution.

Eligibility Criteria for Ex-Spousal Benefits

To qualify for Social Security benefits based on an ex-spouse’s work record, several conditions must be met. The marriage must have lasted a minimum of 10 years, calculated from the date of marriage to the date the divorce is final.

The individual seeking benefits must be currently unmarried. If remarriage has occurred, it generally disqualifies a person from collecting on a former spouse’s record, unless that subsequent marriage has ended due to death, divorce, or annulment. An exception exists if the remarriage occurred after age 60, in which case benefits on the former spouse’s record may still be possible.

The claimant must be at least 62 years old to begin receiving benefits. The ex-spouse must be entitled to Social Security retirement or disability benefits. The ex-spouse does not need to be actively collecting their benefits for the former spouse to claim. If the ex-spouse is eligible for benefits but has not yet filed, the divorced spouse can still claim benefits if the divorce has been final for at least two years.

If the claimant is also eligible for their own Social Security retirement benefits, their Primary Insurance Amount (PIA) must be less than the amount they would receive based on their ex-spouse’s record. The Social Security Administration will always pay the higher of the two benefit amounts.

Calculating Your Ex-Spousal Benefit

The amount of Social Security benefits a divorced spouse can receive is directly linked to the ex-spouse’s earnings record. Generally, the maximum ex-spousal benefit is up to 50% of the ex-spouse’s Primary Insurance Amount (PIA). The PIA represents the benefit amount the ex-spouse would receive if they claimed benefits at their full retirement age (FRA).

Claiming benefits before reaching your own full retirement age will result in a permanent reduction of the ex-spousal benefit. For example, if your full retirement age is 67 and you claim at age 62, your benefit will be reduced from 50% to approximately 32.5% of your ex-spouse’s PIA. Unlike claiming on one’s own work record, delayed retirement credits do not apply to ex-spousal benefits; therefore, waiting beyond your full retirement age will not increase the benefit amount.

A rule known as “deemed filing” applies to those who became eligible for Social Security benefits after January 1, 2016. If you are eligible for both your own Social Security benefits and ex-spousal benefits, you are generally “deemed” to have filed for both. The Social Security Administration will then pay the higher of the two amounts, ensuring you receive the maximum benefit for which you are eligible.

A common misconception is that claiming ex-spousal benefits will reduce the amount of Social Security received by the ex-spouse or their current spouse. This is not the case. Collecting benefits on an ex-spouse’s record does not impact their own benefit amount, nor does it affect benefits paid to their current spouse or other dependents. The Social Security system is designed to allow multiple beneficiaries to receive benefits based on a single worker’s earnings record without diminishing the primary earner’s benefit.

Applying for Ex-Spousal Benefits

The process of applying for ex-spousal Social Security benefits requires specific documentation to verify eligibility. You will need your own Social Security card and an original birth certificate or other proof of birth. Proof of U.S. citizenship or lawful alien status is also necessary if you were not born in the United States.

Crucially, you must provide your marriage certificate and the final divorce decree. These documents confirm the duration of the marriage and the legal dissolution. While it is helpful to have your ex-spouse’s Social Security number, the Social Security Administration can often locate their record with their full name, date of birth, and the dates of marriage and divorce.

You have several options for submitting your application. You can apply online through the Social Security Administration’s official website, although online applications for ex-spousal benefits may have specific age requirements. Alternatively, you can apply by calling the national toll-free service or by visiting a local Social Security office in person. Scheduling an appointment for in-person visits can help reduce wait times.

After applying, the Social Security Administration will process your claim. Processing times can vary, but generally, you can expect to receive a decision letter within two to four weeks following an interview. It is important to know that the Social Security Administration will not notify your ex-spouse when you apply for or begin receiving benefits based on their record, ensuring privacy throughout the process.