When a marriage ends in divorce, both spouses have questions about how this will affect their Social Security benefits. For many divorced people, Social Security benefits represent an important source of retirement income. Understanding the rules around Social Security and divorce is crucial to ensuring you receive the maximum benefits you are entitled to.
Can a divorced spouse collect Social Security benefits?
Yes, under certain circumstances, a divorced spouse may be eligible to receive Social Security benefits based on their ex-spouse’s earnings record. The rules are different depending on your age and other factors.
Generally, a divorced spouse can receive benefits if:
– The marriage lasted at least 10 years
– The divorced spouse is unmarried
– The divorced spouse is age 62 or older
– The ex-spouse is entitled to Social Security retirement or disability benefits
If you meet these requirements, you can receive benefits even if your ex-spouse has remarried. Your benefits have no impact on the amount your ex-spouse or their current spouse may receive.
What percent of ex-spouse’s benefit can you receive?
The maximum a divorced spouse can receive is 50% of their ex-spouse’s full retirement age benefit amount.
For example:
– Your ex-spouse’s full retirement age benefit is $2,000 per month
– As the divorced spouse, you could receive up to $1,000 per month (which is 50% of $2,000)
This 50% limit applies even if your ex-spouse has not yet claimed benefits. The amount you receive will be based on what they are eligible for at full retirement age, not what they are currently receiving.
How does your own work history impact benefits?
If you have an earnings history that would pay you a higher benefit than you would receive based on your ex-spouse’s record, Social Security will pay your own benefit first. You essentially receive the higher of the two benefits, not both.
For example:
– Based on your own work record, you qualify for a $900 monthly benefit
– Based on your ex-spouse’s record, you qualify for a $1,000 monthly benefit
– You would receive the higher amount of $1,000 per month
Any benefits you receive as a divorced spouse will not decrease the amount that your ex-spouse or their new spouse may receive.
Does delaying benefits increase my percentage?
Yes, you can earn a higher percentage of your ex-spouse’s benefit by delaying when you claim benefits.
Here is how it works:
– If you claim benefits at your full retirement age, you receive 50% of your ex-spouse’s full retirement age amount
– For every year you delay benefits beyond full retirement age, your percentage can increase up to a maximum of 60%
For example:
| Your Age When Claiming Benefits | Percent of Ex-Spouse’s Benefit |
|---|---|
| Full Retirement Age (67) | 50% |
| Age 68 | 55% |
| Age 69 | 60% (maximum percentage) |
Delaying benefits not only increases your percentage but also allows your monthly benefit amount to grow thanks to delayed retirement credits.
How does the GPO and WEP affect my benefits?
Two provisions – the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP) – may reduce Social Security benefits for public employees who also qualify for a pension based on their government earnings.
The GPO reduces (or fully eliminates) Social Security benefits for spousal or survivor benefits by two-thirds the amount of your pension.
The WEP reduces Social Security benefits by up to 50% of your pension amount, if you had other substantial earnings where you did not pay into Social Security.
If the GPO or WEP applies to your ex-spouse, it will reduce the amount you can receive as a divorced spouse. Make sure to account for these provisions when estimating your potential benefits.
At what age can I start receiving divorced spouse benefits?
You must be at least 62 years old to qualify for benefits as a divorced spouse. However, your benefits will be permanently reduced if you claim before your full retirement age (FRA):
| Age When Claiming Benefits | Reduction in Benefits |
|---|---|
| Age 62 | 30% reduction |
| Age 63 | 25% reduction |
| Age 64 | 20% reduction |
| Age 65 | 13.3% reduction |
| Age 66 | 6.7% reduction |
There is no advantage to claiming benefits early if you are still working and earning over the annual limits. You can claim a spouse benefit as early as age 62 while allowing your own benefit to continue growing.
Is there a deadline to apply for divorced spouse benefits?
Yes, you must apply for divorced spouse benefits within seven months of reaching age 62 to receive benefits back to age 62. Otherwise, you can only receive benefits starting the month you apply.
Some important deadlines:
– If born Jan. 2, you must apply by Aug. 1 to receive full back pay
– If born Feb. 2, you must apply by Sept. 1, and so on
– Apply within 7 months of reaching age 62 to receive full backdated benefits
Don’t delay past those deadlines if you want the maximum retroactive benefits. You’ll need to provide your marriage certificate, divorce decree, and ex-spouse’s Social Security number when you apply.
What if my ex-spouse dies, can I still get benefits?
Yes, as a surviving divorced spouse, you may still be eligible for widow’s benefits after your former spouse dies, if:
– Your marriage lasted 10 years or longer
– You are unmarried
– You are at least age 60 (or aged 50-59 and disabled)
Surviving divorced spouse benefits can be as high as 100% of what the deceased spouse was receiving at the time of death. If you remarry after age 60, you may still be eligible for survivor benefits.
Can I receive both divorced spouse and widow(er)’s benefits?
It depends on your situation. If your ex-spouse dies, you may be able to switch from receiving divorced spouse benefits to the higher amount as a surviving divorced spouse.
You cannot receive both spousal and survivor benefits at the same time. Usually, Social Security will pay you the higher amount. The exceptions are:
– If you care for a child under age 16 who is disabled or entitled to benefits, you can receive both benefits.
– If you were born before Jan. 2, 1954 and have already reached full retirement age, you can receive both benefits.
Talk to a Social Security representative about your specific situation if you think you may qualify for both benefits.
Can I receive benefits if I remarry?
If you remarry before age 60, you will not be eligible for divorced spouse or surviving divorced spouse benefits, unless your later marriage also ends.
If you remarry after age 60, you can continue to receive benefits on your prior deceased or ex-spouse’s record. Your new marriage does not affect eligibility as long as you were married to the worker for at least 10 years.
Do cohabitation or domestic partnerships affect benefits?
If you have an unmarried domestic partner or live with someone without getting remarried, it will not prevent you from receiving divorced spouse benefits as long as you remain unmarried. Only legal remarriage before age 60 terminates your eligibility.
Can my benefits be changed or terminated in the future?
Yes, there are certain situations where your benefits as a divorced spouse could change:
– If your ex-spouse dies, your divorced spouse benefit ends but you may be eligible for higher survivor benefits.
– If your ex-spouse claims benefits after you are already receiving benefits, your amount may increase at that point.
– If you become entitled to higher benefits on your own record, Social Security will pay those instead.
– If you remarry before age 60, your benefits as a divorced spouse will end.
– If you or your ex-spouse retires early, benefits could be reduced or offset due to earnings limits.
Stay up to date on life changes for both you and your ex that could impact your Social Security benefits.
Conclusion
Divorced spouses who were married at least 10 years may be eligible for valuable benefits based on an ex’s earnings history. You can receive up to 50% of their full retirement benefit, if you apply at your own full retirement age. By delaying benefits, you can receive up to 60% of their amount.
Benefits paid to a divorced spouse do not decrease the retirement or spousal benefits of their ex-spouse. Understanding the Social Security rules around divorce can help you maximize the total benefits you are entitled to.