Divorce can have a significant impact on your finances, particularly as you approach retirement. One issue that is frequently overlooked is whether you will be entitled to Social Security benefits based on your former spouse’s employment history.
Even after a divorce, you may qualify for Social Security benefits based on your former spouse’s earnings. These benefits may be available even if your former spouse has remarried. Collecting them will not reduce the benefits your former spouse or their current spouse receives.
1. Who Qualifies for Social Security Benefits After Divorce?
You may qualify for Social Security retirement benefits based on your former spouse’s employment if:
- Your marriage lasted at least 10 years.
- You are at least 62 years old.
- You are currently unmarried.
- Your former spouse qualifies for Social Security retirement or disability benefits.
Your former spouse does not necessarily have to be collecting Social Security for you to qualify. In some circumstances, you can collect benefits even if your former spouse has not applied.
Your former spouse’s consent is not required, and you do not need to contact your former spouse to apply.
2. How Much Can You Receive?
You may receive as much as 50% of your former spouse’s full Social Security retirement benefit.
However, if you begin collecting benefits before reaching your full retirement age, the amount you receive will generally be reduced.
Waiting beyond your full retirement age will not increase the benefit based on your former spouse’s earnings.
3. What if You Qualify for Social Security Based on Your Own Employment?
If you worked and paid Social Security taxes, you may also qualify for benefits based on your own earnings.
If you qualify for benefits based on both your own earnings and your former spouse’s earnings, Social Security will generally pay you the higher amount. You cannot collect both benefits in full.
However, you must decide when to apply for benefits. This decision is important because the age at which you begin collecting Social Security can affect the amount you receive for the rest of your life.
Before applying, you should discuss your options with Social Security and develop a plan for when to begin collecting benefits.
4. What Happens if Your Former Spouse Dies?
If your former spouse dies, you may qualify for Social Security survivor benefits.
Generally, if your marriage lasted at least 10 years, you may qualify for survivor benefits beginning at age 60, or age 50 if you meet certain disability requirements.
Survivor benefits can be as much as 100% of your deceased former spouse’s benefit, depending on your age and other circumstances.
Remarriage may affect your eligibility, although remarriage after age 60 generally does not prevent you from receiving survivor benefits.
The rules for survivor benefits differ from those for ordinary retirement benefits. In some circumstances, you may be able to collect one type of benefit and later switch to another that pays more.
5. Will Your Benefits Reduce Your Former Spouse’s Social Security?
No. Collecting Social Security benefits based on your former spouse’s employment will not reduce the benefits your former spouse receives.
It also will not reduce the benefits available to your former spouse’s current spouse.
Your former spouse cannot prevent you from applying for benefits.
Conclusion
Divorce does not necessarily end your ability to receive Social Security benefits based on your former spouse’s employment.
If your marriage lasted at least 10 years, you may qualify for retirement or survivor benefits even though you are no longer married.
Social Security can be an important source of retirement income. However, deciding when to begin collecting benefits can make a substantial difference in your financial future.
I recommend making an appointment with your local Social Security office when you reach age 61. This is before you become eligible to begin collecting ordinary retirement benefits at age 62. The purpose of the meeting is not simply to learn how much you can receive. It is to develop a plan.
A Social Security representative can review your earnings record, explain the benefits available through your own employment and your former spouse’s employment, and discuss the advantages and disadvantages of applying at different ages. With this information, you can make an informed decision about when to apply for benefits.
The representative can also help you identify mistakes in your earnings record and explain how to correct them.
The important point is to make a plan before you begin collecting benefits, rather than apply without understanding your options.
For more information, visit the Social Security Administration. If you are considering divorce in Massachusetts, consult an experienced family law attorney to understand how your retirement plans may be affected.
