A divorced spouse may be entitled to receive up to half of your Social Security retirement or disability benefits, but certain requirements must be met for this to apply. The Social Security Administration (SSA) allows an ex-spouse to claim benefits based on their former spouse’s work record under specific circumstances.
This benefit is available regardless of whether the primary beneficiary has remarried, and it does not reduce the amount of benefits the primary beneficiary receives.
Who qualifies for the benefit?
To qualify for this benefit, you must have been married to your ex-spouse for at least ten years. This duration is a strict requirement, and eligibility is contingent upon meeting this threshold.
Additionally, the divorce must have been finalized for at least two years unless your ex-spouse is already receiving Social Security benefits.
Both parties must be at least 62 years old, and the divorced spouse must not currently be remarried. If the divorced spouse has remarried, they are generally no longer eligible for benefits based on their ex-spouse’s work record, although exceptions apply if the subsequent marriage ends.
How much would the divorced spouse get?
The amount a divorced spouse can receive is up to 50 percent of their ex-spouse’s full retirement benefit if claimed at the full retirement age, which ranges between 66 and 67, depending on the individual’s birth year.
If the divorced spouse claims benefits earlier, the amount they receive will be reduced.
Claiming spousal benefits does not affect the primary beneficiary’s payout, nor does it reduce the benefits received by the primary beneficiary’s current spouse, if applicable.
This provision ensures that an ex-spouse’s claim is independent and does not create financial repercussions for the primary beneficiary.
Divorced spousal benefits can provide substantial financial support, especially if the ex-spouse’s earnings record is significantly higher than the individual’s own.
However, if the divorced spouse is entitled to benefits based on their own work record, the SSA will only pay the higher of the two amounts and not both. This system is designed to ensure fairness while preventing duplicate benefits.