When you make your retirement plan, you need to know what Social Security benefits you’re entitled to. If you’ve been divorced, this becomes more complicated. That’s because spousal benefits are sometimes available after a divorce.
In fact, in some cases, multiple ex-wives (or ex-husbands) could claim benefits on their former spouse’s work history.
Each divorced person who claims spousal benefits needs to meet the eligibility requirements, though. And they should also be aware that if their ex dies, these benefits could be boosted once they become eligible for survivor benefits instead.
Eligibility requirements for ex-spouses claiming Social Security
Social Security spousal benefits are available after divorce, but only in certain situations. Specifically:
- You must have been married for at least 10 years
- You must be currently unmarried
- You and your ex must be at least 62 years of age
If you qualify, your benefits equal up to 50% of your ex-spouse’s primary insurance amount (the amount of benefits they are entitled to at full retirement age). However, if you claim your benefits before your full retirement age, you reduce the amount you collect.
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Multiple ex-spouses can claim without reducing other benefits
Under Social Security’s rules, there are no limits on the number of exes allowed to claim on one person’s work record. As long as each spouse independently meets the requirements, they’re eligible to claim spousal benefits.
The good news is that the primary earner whose record benefits are claimed on won’t be affected in any way.
Let’s say, for example, that Steve was married three times and each marriage lasted 10 years. Each of his three ex-wives could claim spousal benefits on Steve’s work history, and Steve would still get his full benefits due. Steve’s current spouse could claim too.
You don’t have to wait for your ex to claim
If you are still married, you normally must coordinate with your spouse about your Social Security claim. That’s because spousal benefits are not available until the person whose work record they’re based on starts their own benefits.
But this isn’t the case if you’ve been divorced for at least two years. If you’ve been divorced that long, you are allowed to make your own independent claiming choice. This is called the independently entitled rule.
Let’s go back to our example of Steve. Since he’s been divorced from each of his three ex-wives for at least two years, they are eligible to claim Social Security whenever they want after Steve is 62. Steve won’t be notified, and the exes don’t have to wait for him to claim. But Steve’s current wife gets to start her spousal benefits only after Steve has claimed either retirement or disability benefits.
Your divorce decree won’t affect your Social Security benefits claim
In some cases, your divorce decree may say that you’ve agreed to give up your right to claim Social Security benefits on a spouse’s work record. This is not enforceable, and you have the right to claim benefits anyway. Your ex won’t be notified when you do, and there’d be nothing they could do to stop you.
Remarriage affects eligibility, but only for the recipient spouse
Your eligibility for spousal benefits based on your ex’s work record is affected by one major life decision: Getting remarried.
Once you get married to someone else, you are no longer allowed to get benefits on your ex’s work history. If you were collecting spousal benefits, they stop. You are allowed to eventually switch over to getting benefits on your new spouse’s work history, but you have to be married for a year first.
An ex-spouse’s death may unlock survivor benefits
If you are collecting spousal benefits or are entitled to collect them, you should also know that the death of your ex-spouse often increases the benefits you’re eligible for. That’s because you become eligible for survivor benefits once your ex has passed.
Widows or widowers collect between 71.5% and 100% of the amount their ex was entitled to (depending on how old they are when claiming benefits). Social Security pays your retirement benefit first, and supplements it until you get to the widow’s rate.
In some cases, spousal benefits may have been worth less than your own retirement benefit, but survivor benefits are worth more. So be sure you understand all of the benefits you’re eligible for.
You are eligible for survivor benefits at a younger age (age 60, age 50 if you are disabled, or at any age if you’re caring for your ex’s child), and they are sometimes available even if you remarry if you didn’t remarry until after age 60 (or until after age 50 if you’re disabled).
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Bottom line
You must understand all of the details of how Social Security works to maximize your senior benefits. You don’t want to leave money on the table, so confirm what your own benefit is and how much you’d collect in spousal or survivor benefits. You should also think carefully about when to claim benefits relative to your full retirement age.
Be sure to research these topics, and you may also want to consult with a financial advisor to get comprehensive advice about the right Social Security claiming strategy for you.
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Author Details
Christy Rakoczy Bieber
Christy Rakoczy Bieber is an attorney turned personal finance writer who has spent 17 years helping readers understand Social Security: the claiming rules, the policy shifts, and the fine print that can mean thousands of dollars in lifetime income. Her work has appeared in Kiplinger, Forbes, The Motley Fool, and the Wall Street Journal.
