A woman may qualify for Social Security benefits through an ex-husband’s work record after divorce. Eligibility depends on the length of the marriage, age, marital status, and each former spouse’s benefit amount.
The same rules apply to eligible former husbands and former wives. Receiving divorced spouse benefits does not reduce the benefits paid to the former spouse or the former spouse’s current family.
Eligibility for an Ex-Spouse’s Social Security
The Social Security Administration sets specific requirements for divorced spouse benefits.
A divorced spouse generally must:
- Have been married to the former spouse for at least 10 years.
- Be at least 62 years old.
- Be unmarried when applying.
- Qualify for a smaller benefit than the amount available through the former spouse’s record.
- Have a former spouse who qualifies for retirement or disability benefits.
The former spouse does not always need to be receiving benefits. A divorced spouse may qualify independently when both former spouses are at least 62. The divorce must also have been final for at least two continuous years.
Marriage after the divorce can affect eligibility. Divorced spouse benefits usually end when the recipient remarries. Different rules may apply after a later marriage ends.
How Much Can a Divorced Spouse Receive?
A divorced spouse may receive up to 50% of the former spouse’s primary insurance amount. The maximum applies when benefits begin at the applicant’s full retirement age.
Benefits claimed before full retirement age are usually reduced. Full retirement age varies by birth year. It reaches age 67 for people born in 1960 or later.
The National Academy of Social Insurance explains how full retirement age affects monthly payments.
A divorced spouse may also qualify through their own employment record. The Social Security Administration generally pays that benefit first. It may then add an amount based on the former spouse’s record.
The combined payment equals the higher eligible amount. The applicant does not receive two complete retirement benefits at the same time.
Social Security differs from pensions and retirement accounts divided during divorce. Her Lawyer’s guide to dividing investments and pensions in a California divorce explains how those assets may be handled.
Does Filing Affect the Former Spouse’s Benefits?
Benefits paid to a divorced spouse do not reduce the former spouse’s retirement payments.
They also do not reduce benefits available to the former spouse’s current husband or wife. More than one qualifying former spouse may receive benefits through the same work record.
The former spouse does not need to approve the application. The Social Security Administration also protects the applicant’s personal information.
How to Apply for Divorced Spouse Benefits
An eligible divorced spouse may apply online, by telephone, or through a local Social Security office.
The applicant may need to provide:
- A Social Security number
- Proof of age
- A marriage certificate
- A final divorce judgment
- Proof of citizenship or lawful immigration status
- Banking information for direct deposit
The former spouse’s Social Security number can help locate the correct work record. An applicant who does not know that number may provide other identifying information.
Useful details may include the former spouse’s date of birth, place of birth, and parents’ names. The Social Security Administration may request additional documents after reviewing the application.
Her Lawyer’s article about whether a spouse can claim pension or Social Security benefits in a divorce provides related information about retirement planning after separation.
What Happens If the Former Spouse Dies?
A surviving divorced spouse may qualify for survivor benefits. These benefits follow different rules from ordinary divorced spouse retirement benefits.
A surviving divorced spouse generally must have been married to the deceased worker for at least 10 years. Benefits may begin at age 60. A person with a qualifying disability may become eligible earlier.
A surviving divorced spouse may receive up to 100% of the deceased former spouse’s benefit at the applicable survivor retirement age. Filing earlier may reduce the payment.
The Social Security Administration’s website provides more information about benefits for divorced spouses and surviving divorced spouses.
Remarriage can affect survivor benefits. However, a remarriage after age 60 may not prevent a surviving divorced spouse from qualifying.
Social Security and California Divorce
Federal law controls Social Security benefits. California divorce courts generally do not divide Social Security retirement benefits as community property.
Other retirement assets may still be divided. These may include pensions, 401(k) accounts, individual retirement accounts, and employment-based retirement plans.
Social Security income may also matter when spouses evaluate their finances after divorce. It can affect retirement planning, settlement discussions, and future income needs.
FAQs About an Ex-Spouse’s Social Security
Does an ex-husband need to be retired before benefits can be claimed?
Not always. An applicant may qualify when the former spouse is eligible for benefits but has not filed. The divorce generally must have been final for at least two continuous years.
Can a divorced spouse collect benefits after remarrying?
Divorced spouse retirement benefits usually stop after remarriage. Eligibility may return if the later marriage ends through divorce, annulment, or death.
Will the former spouse know about the application?
The former spouse’s permission is not required. The Social Security Administration does not need the former spouse to participate in the application.
Can an ex-husband collect through an ex-wife’s work record?
Yes. The same federal requirements apply regardless of gender. An eligible former husband may collect through an ex-wife’s earnings record.
Can a divorced spouse receive both benefits in full?
No. The Social Security Administration generally pays the applicant’s own benefit first. It then adds only enough to reach the higher eligible amount.
Speak With a California Family Law Attorney
Social Security questions often arise with pensions, retirement accounts, property division, and spousal support. Each benefit follows different legal rules.
Her Lawyer, A Professional Law Corporation, is a California law firm founded by David Hakimfar, Esq. Contact Her Lawyer directly to request a consultation about divorce and retirement-related financial issues.