A divorce can completely reshape your finances, especially if for much of your marriage you stopped working to raise your children or took on the responsibilities of the home. What you may not know is that those years of marriage could give you access to a Social Security benefit, even if your ex-spouse has since moved on with their life.
The Social Security Administration (SSA) provides retirement benefits for divorced individuals who meet certain requirements. And there is one condition that can make the difference: having been married for at least 10 years.
You don’t need your ex-spouse’s authorization or for them to share with you the money they receive from their own retirement. The benefit is determined based on their work history and your personal circumstances.
But beware: meeting a decade of marriage does not automatically mean the money will land in your bank account.
What are the requirements to collect your ex-spouse’s Social Security?
According to the Social Security Administration, you may apply for benefits as an ex-spouse if you meet the agency’s specified conditions.
The main requirements are:
There is an important exception if your ex-spouse has not yet claimed their retirement. You may be entitled to collect based on their record if both are at least 62 years old, your ex meets the eligibility criteria for retirement, and you have been divorced for at least two consecutive years.
How much money can you receive from your ex-spouse’s Social Security?
The benefit for a divorced person can reach up to 50% of the retirement that their ex-spouse would receive at full retirement age.
For example, if your ex-husband is entitled to a monthly retirement of $2,400 at his full retirement age, you could receive up to $1,200 per month.
However, the amount depends on when you apply for the payments. If you start collecting at age 62, the benefit can be permanently reduced.
The SSA explains in its age-reduction table that, if you were born in 1960 or later, your full retirement age is 67. In that case, applying for spousal benefits at 62 can reduce it to as low as 32.5% of your ex-spouse’s full retirement benefit.
Can you collect your own retirement and your ex’s at the same time?
This is one of the most common misunderstandings. You cannot add both benefits in full to receive two complete pensions.
If you are entitled to your own retirement, Social Security determines how much you are due and whether you can receive a supplement based on your ex-spouse’s work history.
For example, if your own retirement is $800 per month and the spousal benefit you are entitled to is $1,200, you could receive a supplemental amount of $400, for a total of $1,200.
Actual amounts depend on your age and SSA calculations.
What happens if your ex-spouse remarries or dies?
That your ex-spouse remarries does not erase your potential right. It also does not reduce the benefit they receive or the benefit of their current spouse.
If your ex dies, the rules change. You could be eligible for survivor benefits beginning at age 60, or at age 50 if you meet certain disability requirements.
According to the SSA, survivor benefits can reach up to 100% of the deceased person’s benefit, depending on your age and circumstances.
How to apply for Social Security benefits after a divorce?
You can start the process through the SSA’s official application page, call 1-800-772-1213, or visit a Social Security office.
Have on hand your marriage certificate, final divorce decree, and your ex-spouse’s information. If you don’t know their Social Security number, the agency may request additional information to identify their record.
You do not need to contact your ex to file the application. The SSA can review your eligibility without informing them about the process.
If you have been divorced for years and are nearing retirement, reviewing this entitlement can make a difference in your monthly income. Especially if during your marriage you had temporary jobs, worked part-time, or interrupted your career to care for your family.
