Did you know that your social security benefit, as a divorced spouse, is equal to one-half of your ex-spouse's full retirement amount, if you start receiving benefits at your full retirement age? Full retirement age is the age you may first become entitled to full or unreduced retirement benefits. If your ex-spouse should die before you, you can receive his full retirement benefit.
If you are divorced, and your marriage lasted 10 years or longer, you can receive divorced spouse benefits on your ex-spouse's record if:
• You are unmarried;
• You are age 62 or older;
• Your ex-spouse is entitled to Social Security retirement or disability benefits; and
• Your social security benefit is less than the benefit you would receive based on your ex-spouse's work.
Here’s how it works! If you are eligible for your own social security retirement benefits and divorced spouse's benefits, Social Security will pay your retirement benefit first. If the benefit on your ex-spouse's record is higher, you will get an additional amount based upon your ex-spouse's record, so that the combination of benefits equals that higher amount.
If your ex-spouse has not yet applied for retirement benefits, but can qualify for them, you can start receiving benefits on their record, if you have been divorced for at least two years.
It doesn’t matter if your ex-spouse is remarried! But, if you remarry, your spousal social security benefit is based upon the benefit of your new spouse. You generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce, or annulment). If you re-married and your second spouse is deceased, you qualify to claim benefits from either your first spouse if that marriage lasted at least 10 years, or your second spouse as long as you were married at least 9 months before he died.
And, the amount of benefit you get has no effect on the amount of benefits that your ex-spouse or their current spouse may receive!
If your ex-spouse elects to take their social security at a later date, for delayed retirement credits, your divorced spouse benefit amount, based upon your ex-spouse’s work, does not increase.
And, if you continue to work while receiving benefits, the retirement benefit earnings limit still applies.
During the divorce financial planning process, be sure to each review your Social Security Benefits Statement. You can order it by going online and creating an account at https://www.ssa.gov/myaccount/.