Benefits for Divorced Spouse | What Am I Entitled To After Divorce?

As much as we like to think that love lasts forever, unfortunately for some of us that is not the case. Things don’t always work out as planned. Whether major changes put a strain on your relationship or you and your partner decide things are just not working out, a divorce is something you might have experienced with questions about what comes next. We’ve covered what to expect in a divorce as you go through the process, but what about down the line when you are closer to retirement? Can a divorced spouse get social security? The answer is yes. Read on to learn more about benefits for a divorced spouse.

While there are certain conditions that must be met, a divorced spouse is able to collect Social Security benefits through his/her ex-spouse. The marriage must have lasted at least 10 years and the applicant cannot currently be married. The current minimum age to collect benefits is 62, and the ex-spouse must be eligible to receive Social Security retirement or disability benefits.

Generally speaking, a spouse is entitled to one-half of their ex-spouse’s Social Security retirement benefits—unless the spouse is deceased, in which case the spouse receives the ex-spouses’ full benefit. Let’s say for example you remarry and your second spouse passes away, you qualify to claim benefits from either your first or second spouse (but not both), as long as each marriage lasted at least 10 years. In this case, the benefit received is the highest amount of the two. Some partners relinquish their rights to Social Security on their ex-spouses’ records by signing divorce decrees but if a marriage lasted at least 10 years, those clauses may be modified.

Let’s say your ex remarries and their new spouse is collecting on the same record. As an ex-spouse, you are still eligible to collect Social Security benefits as long as you are over the age of 62 and single. This is known as survivor’s benefits. If you were to remarry before the age of 60, you would not be able to collect survivor’s benefits from your ex-spouse unless your later marriage ends for any reason such as divorce or death. If you are 60 years or older, you are eligible to receive survivor’s benefits based on your former spouse’s record. However, the following requirements must be met:

• The marriage lasted at least 10 straight years
• Must be at least 62 years old
• The ex-spouse is eligible for retirement benefits
• Currently unmarried

One thing to keep in mind is that the longer you wait to collect, the greater the monthly payments will be. So when is a good time to apply to start collecting benefits? If you’ve hit the retirement age and are eligible for both a spouse’s benefit and your own Social Security retirement benefit, you may have a choice depending on your age. If you were 62 or older by the end of 2015, you are able to choose which benefit you want at your full retirement age. If you were not 62 by the end of 2015 and applied for spousal benefits, Social Security will assume it is also an application for benefits on the worker’s record. 

Apply for benefits online by going to SSA.gov, or find your local Social Security office and make an appointment. To apply for benefits on an ex-spouse’s work record, you need to know his/her Social Security number or their date and place of birth and their parents’ names. To protect the privacy of all parties involved, the ex-spouse is not notified when you apply for Social Security benefits on his/her record. 

We hope we’ve answered your question on how divorced spouses claim Social Security. Let us know at VitalChek if you need an extra hand. We can provide you with any vital record you need quickly and securely, or feel free to visit us at our online order center to learn more on how to order vital records online.