Social Security Benefits for Divorced Spouses
December 11, 2024
If you were married for more than 10 years and are now divorced, you may be able to claim Social Security benefits based on your ex-spouse’s work record. This is especially helpful for those who earned less during their careers.
Key Rules for Divorced-Spouse Benefits
To qualify for these benefits, you must meet the following criteria:
- You must be divorced.
- The marriage must have lasted at least 10 years.
- You must currently be unmarried.
- You must be at least 62 years old.
- Your ex-spouse must also be at least 62.
If you meet these conditions, you can apply for divorced-spouse benefits. This allows you to receive up to 50% of your ex-spouse’s primary insurance amount (PIA) at full retirement age.
Examples to Understand Divorced-Spouse Benefits
Example 1: Divorced After 10+ Years
Michael and Maria were married for over 10 years and have been divorced for more than 2 years. Both are 62, and Maria has not remarried. Maria can claim benefits based on Michael’s work record, even if Michael hasn’t started receiving his own benefits.
Example 2: Receiving a Benefit on Your Own Record
If you also qualify for benefits based on your own work history, Social Security pays your benefit first. If your own benefit is less than half of your ex-spouse’s PIA, you’ll get an additional amount to bring your total benefit up to 50% of your ex-spouse’s PIA.
Example: Tom’s PIA is $3,600. His ex-wife Trudy’s PIA is $800. At full retirement age, Trudy will receive her $800 benefit plus an extra $1,000 (the difference to bring her total benefit to $1,800, or 50% of Tom’s PIA).
Example 3: Choosing Between Multiple Ex-Spouses
If you’ve been married and divorced more than once, you can claim benefits based on the ex-spouse with the higher PIA, as long as each marriage lasted at least 10 years and you’re currently unmarried.
Example: Susan was married to Sam (20 years) and Steve (12 years). Both divorces occurred over 2 years ago. Sam’s PIA is $3,600, while Steve’s is $3,400. Susan can claim benefits based on Sam’s record because it provides a higher benefit.
Survivor Benefits for Divorced Spouses
If your ex-spouse passes away, you may qualify for survivor benefits. At full retirement age, you can receive 100% of your ex-spouse’s benefit. If you remarried after age 60, you can still qualify for survivor benefits.
Example: Melissa, who was married to Matthew for 11 years, never qualified for divorced-spouse benefits while Matthew was alive because her own benefits were higher. After Matthew passed away, Melissa became eligible to switch to survivor benefits and receive 100% of Matthew’s benefit.
Special Situations
- Non-Social Security Jobs: If you receive a pension from a job where you didn’t pay Social Security taxes (e.g., some teaching positions), your divorced-spouse benefits may be reduced or eliminated.
- Remarriage Rules: If your ex is alive, remarriage at any age will stop your divorced-spouse benefits. If your ex has passed away, remarriage after age 60 does not impact your survivor benefits.
How to Apply
When applying for divorced-spouse benefits, you’ll need to provide:
- Proof of your marriage and divorce (divorce decree).
- Your ex-spouse’s Social Security number or identifying details like full name and birthdate.
Divorced-spouse benefits can provide important income in retirement, especially for individuals with lower lifetime earnings. If you think you may qualify, it’s worth checking with the Social Security Administration.
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