Did you know you may be entitled to claim your ex-spouse’s Social Security benefit? As a divorced spouse, you may be entitled to a benefit equal to one-half of your ex-spouse’s full retirement amount (or disability benefit). Generally, the requirements for claiming your ex-spouse’s Social Security benefit are as follows:
- Your marriage lasted at least 10 years;
- You have been divorced from your ex-spouse for at least two years;
- You are unmarried;
- You and your ex-spouse are both at least age 62 (the earliest age of eligibility for personal or spousal Social Security benefits);
- The benefit you would receive is less than the benefit you would receive based on your own work; and
- Your ex-spouse is entitled to Social Security retirement/disability benefits.
Claiming your ex-spouse’s benefits does not preclude you from later claiming your own as long as the divorced spouse benefit claim is made at age 66 or older. It may be optimal for you to claim your divorced spousal benefit at age 66 (the current full retirement age) and then switch to your own benefit later. This delay, also known as “restricted filing,” can provide the opportunity for your own personal benefit to grow. However, if you want to claim benefits before full retirement age (i.e., before age 66), you will be required to take the higher of either the personal or divorced spousal benefits and you forfeit the opportunity to restrict your filing.
Additionally, you need not wait for your ex-spouse to file for benefits in order to become eligible for the divorce spousal benefit. As long as you and your ex-spouse are both at least 62 years old and have been divorced for at least two years, you can file for the divorced spousal benefit.
If you wish to collect benefits on your ex-spouse’s record but you are remarried, you are ineligible for your ex-spouse’s benefit – with one exception. The exception to this rule occurs when your later marriage ends by death, divorce, or annulment.
If you have been married more than once, you could be eligible for divorced spousal benefits from each marriage that lasted more than 10 years. However, you will only receive the highest benefit amount for which you are eligible. Keep in mind, any of your ex-spouses are eligible to claim spousal benefits on your record if they meet the criteria outlined above. The amount of benefits an ex-spouse collects on your record has no effect on the amount of benefits you or your current spouse may receive.
Check out the Social Security Administration website for more information on the benefits to which you may be entitled as a divorced spouse.
Posted by Attorney Sarah J. Barbarash. Barbarash represents individuals in domestic matters involving divorce, child custody, paternity, child support, guardianships, and adult abuse, as well as custody and support modifications. In addition, she practices in the areas of insurance defense, toxic tort litigation, products liability, premises liability and commercial litigation.
