What Percentage of Social Security Can a Divorced Spouse Get?

Social Security offers benefits to eligible divorced spouses based on their ex-spouse’s work record. This provision aims to provide financial support to individuals who meet specific criteria after the dissolution of their marriage. Understanding these benefits and the application process can help many individuals secure a portion of their former spouse’s Social Security earnings. This article will guide you through the requirements, calculation methods, and steps involved in claiming these benefits.

Eligibility for Divorced Spouse Benefits

To qualify for Social Security benefits based on an ex-spouse’s earnings record, several specific conditions must be met. The marriage must have lasted for at least 10 years. This length of marriage is a fundamental requirement for eligibility.

The applicant must be currently unmarried to claim divorced spouse benefits. If you have remarried, you generally cannot collect benefits on an ex-spouse’s record, unless your subsequent marriage has ended through death, divorce, or annulment. You must also be at least 62 years old to begin receiving benefits.

Furthermore, the ex-spouse must be eligible for Social Security retirement or disability benefits. They do not necessarily need to be collecting them at the time of application if you have been divorced for at least two years. Finally, the amount the applicant would receive on their own Social Security work record must be less than the amount they would be eligible for as a divorced spouse. If your own benefit is higher, you will receive your own benefit instead.

Determining Your Benefit Amount

The amount a divorced spouse can receive is generally determined by the ex-spouse’s Primary Insurance Amount (PIA). You can potentially receive up to 50% of your ex-spouse’s PIA if you claim benefits at your full retirement age (FRA). Full retirement age varies depending on your birth year.

Claiming benefits earlier than your full retirement age will result in a reduced benefit amount. For instance, if you claim at age 62, your monthly benefit will be lower than if you waited until your full retirement age. The ex-spouse’s claiming age typically does not affect the divorced spouse’s benefit amount, as long as the ex-spouse is eligible for benefits.

It is important to understand that the ex-spouse does not need to be actively collecting their benefits for you to claim. If the divorce occurred at least two years prior, and the ex-spouse is eligible for retirement or disability benefits, you may still be able to apply. The Social Security Administration (SSA) always ensures that you receive the higher of the two benefit amounts for which you are eligible: either your own earned Social Security benefit or the divorced spouse benefit. This means you will not receive both benefits independently, but rather the larger of the two.

Information Needed to Apply for Benefits

Before applying for divorced spouse benefits, gather specific information and documents. You will need your own Social Security number. Having your ex-spouse’s Social Security number is beneficial, though the SSA can often locate their record with other identifying information like their date of birth and place of birth if the number is unknown.

Proof of your age, such as a birth certificate, is required. You will also need documentation proving the marriage, such as a marriage certificate. The divorce decree is important, as it confirms the dissolution of the marriage and typically includes the date of divorce.

Information regarding your earnings history, such as W-2 forms or self-employment tax returns, is necessary for the SSA to determine if your own benefit is lower than the divorced spouse benefit. Finally, you will need your bank account and routing number for direct deposit. Official application forms, such as Form SSA-2, can be accessed through the SSA website or obtained at a local Social Security office.

Submitting Your Application

After gathering the necessary information, you can submit your application for divorced spouse benefits. The Social Security Administration offers several submission methods. You can apply online through the SSA’s official website.

Alternatively, you can apply by phone by calling the SSA’s toll-free number. For in-person assistance, visit any local Social Security office. It is advisable to apply three months before you want your benefits to avoid delays.

Once submitted, you will typically receive a confirmation. Processing time can take several weeks. The SSA may contact you for additional information or clarification during the review process.

Understanding Benefit Coordination

Claiming Social Security benefits as a divorced spouse does not negatively impact your ex-spouse’s Social Security benefits. Their benefit amount will not be reduced, nor will it affect the benefits of their current spouse or any other dependents. Claiming your entitled benefits does not create a financial burden or reduction for anyone else.

If you are eligible for Social Security benefits based on your own work record in addition to divorced spouse benefits, the Social Security Administration will pay you the higher of the two amounts. You will not receive both benefits simultaneously. The SSA evaluates both potential benefit amounts and ensures you receive the most advantageous payment.

Remarriage generally affects eligibility for divorced spouse benefits. If you remarry, your eligibility to receive benefits based on your former spouse’s record ends. However, there are exceptions, such as if your subsequent marriage ends due to death, divorce, or annulment.