How to Collect Social Security From an Ex-Spouse

Collecting Social Security benefits based on an ex-spouse’s work record offers important financial support for individuals after a divorce. This option recognizes the contributions made during a marriage and provides a safety net for those who may not have accumulated sufficient work credits on their own. It helps ensure a level of financial stability in retirement or due to disability, drawing upon the Social Security system’s provisions. This benefit is distinct from personal retirement benefits and serves a specific purpose in post-divorce financial planning.

Meeting the Eligibility Criteria

The marriage itself must have lasted for a minimum of 10 years. This duration is a strict requirement, and periods of separation not resulting in divorce generally count towards this total. The divorce must also be final for at least two years if the ex-spouse has not yet filed for their own benefits, but is otherwise eligible.

The claimant must currently be unmarried to receive these benefits. If a claimant remarries, they generally become ineligible for benefits based on a previous ex-spouse’s record, though specific exceptions exist for remarriage that occurs after a certain age. The claimant must also be at least 62 years old to apply for these benefits. This age aligns with the early retirement age for Social Security, though filing before full retirement age will result in a reduced benefit amount.

The ex-spouse must be entitled to Social Security retirement or disability benefits. This means they meet the age and work credit requirements for their own benefits, even if they have not yet applied for them. The Social Security Administration (SSA) can verify the ex-spouse’s entitlement without requiring their active participation or knowledge of the claim. The benefit amount the claimant would receive on their own work record must be less than the benefit they would receive based on their ex-spouse’s record. Specifically, the divorced spouse benefit is up to 50% of the ex-spouse’s full retirement age benefit. If the claimant’s own earned benefit is higher than this amount, they will receive their own benefit instead. The SSA automatically pays the higher of the two amounts to which an individual is entitled.

Gathering Necessary Information and Documents

The claimant’s own Social Security number is required, along with their birth certificate to verify age. Proof of U.S. citizenship or lawful alien status is also necessary to establish eligibility for Social Security benefits. These foundational documents confirm the claimant’s identity and legal standing.

Original or certified copies of the marriage certificate are needed to demonstrate the duration of the marital union. A certified copy of the final divorce decree is equally important, as it proves the legal dissolution of the marriage and often includes the date the divorce became effective.

Information about the ex-spouse is also helpful, though not strictly required if unknown. This includes the ex-spouse’s Social Security number, if available, and their date and place of birth. Providing as much detail as possible can expedite the application review process.

The Social Security Administration will also require the claimant’s bank routing number and account number for direct deposit of benefits. While there isn’t a single, specific form universally named for this application, the information gathered will be used to complete the necessary application forms provided by the SSA, such as the application for retirement benefits.

Submitting Your Application

The application for ex-spousal Social Security benefits can be submitted through various channels. Applying online is an option for certain Social Security benefits, though for ex-spousal benefits, direct online filing might be limited, often requiring a follow-up phone call or in-person visit to finalize. The SSA website offers guidance on which applications can be completed entirely online.

Applying by phone is a common method, and claimants can call the Social Security Administration directly at 1-800-772-1213. A representative will conduct a detailed interview, gather all pertinent information, and guide the claimant through the application process. This method allows for direct interaction and clarification of any questions that may arise during the application. It is advisable to have all documents readily available during the call.

Visiting a local Social Security office in person provides another avenue for application. It is generally recommended to schedule an appointment beforehand to minimize wait times. Bringing all prepared documents to the appointment allows the SSA representative to review them directly and assist with completing the application forms. This face-to-face interaction can be beneficial for complex situations or for those who prefer in-person assistance.

After the application is submitted, the Social Security Administration will begin processing the claim. Processing times can vary, typically ranging from a few weeks to several months, depending on the complexity of the case and current caseloads. The SSA will communicate its decision by mail and may request additional information if needed to complete the review. Claimants should monitor their mail for updates and respond promptly to any requests.

Understanding Unique Situations

Remarriage generally disqualifies a claimant from receiving benefits on a former spouse’s record. An exception exists, however, if the remarriage occurs after the claimant reaches age 60, or age 50 if they are disabled. In such cases, eligibility for benefits on the former spouse’s record may be retained.

If the ex-spouse dies, the claimant may be eligible for survivor benefits, which can sometimes be more advantageous than divorced spouse benefits. The rules for survivor benefits on an ex-spouse’s record differ, particularly concerning remarriage. A surviving divorced spouse can often collect benefits even if they remarry, provided the remarriage occurs after age 60, or age 50 if disabled. The benefit amount for a surviving divorced spouse can be up to 100% of the deceased ex-spouse’s basic benefit.

Collecting benefits on an ex-spouse’s record does not diminish or affect the ex-spouse’s own Social Security benefits. The amount the ex-spouse receives remains unchanged, regardless of whether a former spouse claims benefits based on their record. This also applies to any benefits received by the ex-spouse’s current spouse or other dependents; their payments are not reduced.