Did you know that if you are divorced, you may be able to claim Social Security benefits based on your former spouse’s work record? This rule can provide financial assistance to many people. Let us understand it in simple terms.
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How does it work?
The Social Security Administration (SSA) allows a divorced spouse to claim benefits without affecting the primary beneficiary’s payments. In other words, your former spouse can receive half of your Social Security retirement or disability benefits, and it won’t reduce the amount you or your current spouse (if remarried) receive.
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Who is eligible for divorced spouse benefits?
To be eligible for Social Security benefits based on your former spouse’s work record, you must follow these rules-
Duration of marriage: You must be married for at least 10 years.
Divorce timeline: Your divorce must have occurred at least two years ago unless your ex-spouse is already receiving benefits.
Age requirement: Both you and your ex-spouse must be at least 62 years old.
Marital status: You must not currently be married. If you are remarried, you generally lose eligibility, unless the new marriage is consummated.
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How Much Can You Get?
If you’re eligible, you can receive up to 50% of your ex-spouse’s full retirement benefit. But the amount depends on when you start claiming:
| Claiming Age | Percentage of Benefits |
| Full Retirement Age (66-67) | 50% of your ex-spouse’s benefit |
| Before The Full Retirement Age | Reduced benefits |
Claiming divorced spouse benefits will not reduce your ex-spouse’s benefits or their current spouse’s benefits.
What about your own benefits?
If you qualify for benefits based on your own work record, the SSA will pay you whichever amount is greater:
- Your benefit is based on your own work.
- Your divorced spouse’s benefit (up to 50% of your former spouse’s benefit).
For example:
- If your benefit is $800 and 50% of your former spouse’s benefit is $1000, you will get $1000.
- If your own benefit is greater than your former spouse’s benefit, you will get your own benefit.
This ensures that you always get the maximum amount possible, but you can not claim both.
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Why does it matter?
For many divorced individuals, these benefits can be a financial lifeline — especially if their income was significantly less than their former spouse’s. Understanding your options and planning can make a big difference in your retirement years.
If you are unsure about your eligibility or how much you may receive, contact the SSA or use their online calculator to estimate your benefits.
Frequently Asked Questions
1. How long must a marriage last to qualify?
You must have been married for at least 10 years.
2. Does remarriage affect eligibility?
Yes, if you remarry, you usually lose eligibility. However, if the remarriage ends (due to divorce or death), you may regain eligibility.
3. Will claiming benefits affect my ex-spouse?
No, claiming divorced spouse benefits does not reduce the amount your ex-spouse receives.
5. Can I claim benefits from both my record and my former spouse’s record?
No, the SSA pays the higher of the two amounts, not both amounts.
The Final words
Social Security benefits for divorced spouses can provide much-needed financial support in retirement. By meeting the eligibility criteria and knowing your options. You can ensure you are receiving maximum benefits without affecting payments to your former spouse or their current partner. Planning and contacting the SSA for guidance can make retirement easier and more secure.