SOCIAL SECURITY
What are the social security requirements for divorced persons?
If you are divorced you can claim social security payments based on information from your ex-spouse depending on various criteria.
There are conditions in which a former spouse may claim social security support after a divorce. If an ex-spouse of yours makes a claim for SSDI spousal benefits, this will not affect any benefits you are receiving from the SSA. If you are divorced, your ex-spouse can receive benefits based on your record, even if you have remarried, if:
- Your marriage lasted 10 years or longer.
- Your ex-spouse is unmarried.
- Your ex-spouse is age 62 or older.
- The benefit that your ex-spouse is entitled to receive based on their own work is less than the benefit they would receive based on your work.
- You are entitled to Social Security retirement or disability benefits.
The family maximum amounts are calculated for each individual household and take into account their earnings history, family size, work status and a variety of other conditions. The SSDI family maximum will be between 100-150% of the individual claimant’s full entitlement.
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When can you apply for Social Security benefits based on your ex-spouse’s work record?
You can apply for retirement benefits based on your ex-spouse’s entitlement even if they have not applied for retirement yet. However, you must have been divorced for at least two consecutive years prior and be of retirement age yourself if your former spouse has not filed for retirement benefits yet.
If you were born before 2 January 1954, you can receive benefits based on your ex-spouse’s record but delay receiving your own benefits until later. If you were born on or after that date, you will not have an option and when you file for benefits you will be filing for both your retirement and your ex-spouse’s benefits, if applicable.
How much will you receive in Social Security retirement benefits from your ex-spouse?
You may be entitled to up to 50 percent of your ex-spouse’s Social Security Benefit even if they have remarried. In order to qualify for the full 50 percent, you will need to wait until full retirement age to claim the maximum benefit. Otherwise you will receive a reduced amount, the same as would happen for anyone who retires before full retirement age.
Likewise, if you or your ex-spouse continues to work while receiving benefits, an earnings limit will be applied depending on your age. For those under full retirement age, their benefit will be reduced by $1 for every $2 over $18,960 of income in 2021. For those over full retirement age, benefits will be reduced by $1 for every $3 over $50,520 of income.
In the event that your ex-spouse is deceased, you may be eligible for up to 100 percent of their benefit through the survivor’s benefit. The requirements change slightly but you still need to have been married for at least 10 years. You can claim the benefits when you are 60, or at age 50 if you are disabled. If you remarried after age 60, or 50 if you are disabled, you can file for benefits based on your ex-spouse’s work record, but only do so if they are higher than your current spouse’s.
You do not have to meet the length-of-marriage rule if you are caring for your former spouse’s child, biological or legally adopted, who is under 16 or disabled.