You’ve spent years putting money aside for retirement. Perhaps you planned to travel, move somewhere quieter, or simply enjoy life without worrying about work.
Then divorce enters the picture.
Now, instead of planning retirement together, you’re trying to figure out what your finances will look like on your own.
For many people divorcing in their 50s or 60s, Social Security is one of the first concerns. This is especially true when one spouse earned more while the other spent years caring for children or managing the home.
The good news is that Social Security benefits after divorce may still be available through your former spouse’s work record. However, there are rules about marriage length, age, and remarriage that you should understand before making decisions.
Why Does Gray Divorce Raise Concerns About Retirement Income?
Divorce after 50 is often called gray divorce. At this stage, the financial concerns can look quite different from those of a younger couple.
You may have already paid off your home. Your children may be grown. Retirement could be only a few years away.
Yet, the savings you expected to share must now support two households.
For someone who has worked steadily for decades, Social Security may provide a reliable part of their retirement income. But what about a spouse who worked fewer years or earned considerably less?
Consider someone who left a full-time job to raise three children. Twenty years later, the marriage ends. Their former spouse has a much stronger earnings record, and there is little time left to build comparable retirement savings.
Federal Social Security rules recognize situations like this. Under certain conditions, a divorced person can qualify for benefits based on an ex-spouse’s earnings.
Can You Collect Social Security From Your Ex-Spouse After Divorce?
Yes, provided you meet the eligibility requirements.
The Social Security Administration allows certain divorced spouses to receive retirement benefits through their former spouse’s work record.
You don’t have to ask your ex-spouse for permission. You also don’t need to negotiate these benefits during your divorce settlement.
They are determined by federal law.
There is another point worth knowing. Claiming benefits through your former spouse doesn’t reduce their monthly Social Security payment.
Their current spouse’s benefits aren’t reduced by your claim either.
However, Social Security benefits for divorced spouses are not automatic. Several conditions apply.
Who Qualifies for Divorced Spouse Social Security Benefits?
According to the Social Security Administration, the general requirements include:
- Marriage length
You were married to your former spouse for at least ten years.
- Age
You are at least 62 years old.
- Marital status
You are currently unmarried, with limited exceptions.
- Former spouse’s record
Your ex-spouse is eligible for Social Security retirement or disability benefits.
- Your own benefits
Your benefit based on your own work record is lower than the divorced spouse benefit available to you.
Your former spouse generally needs to be receiving benefits before you can claim on their record.
There is an exception, though. If your ex-spouse is at least 62 and eligible for retirement benefits, you may qualify even if they haven’t applied. In that situation, your divorce generally must have been final for at least two continuous years.
Why the Ten-Year Marriage Rule Deserves Your Attention
Suppose you married in June 2017 and are considering finalizing your divorce in April 2027.
You would be ending the marriage just two months before reaching ten years.
That difference matters.
Under the Social Security rules for divorced spouses, a marriage generally must last at least ten full years to qualify for ordinary divorced spouse retirement benefits.
A marriage lasting nine years and eleven months doesn’t satisfy that requirement.
For someone with limited retirement savings, those final months could affect future income.
This doesn’t mean you should remain married simply to meet the ten-year mark. There may be important personal, financial, or legal reasons to proceed sooner.
Still, if your tenth anniversary is approaching, it’s worth discussing the timing with your divorce attorney before the judgment becomes final.
How Much Social Security Can You Receive Based on an Ex-Spouse’s Record?
If qualified, a divorced spouse can receive up to 50 percent of the ex-spouse’s full retirement age benefit.
Let’s put that into numbers.
Suppose your ex-spouse qualifies for $2,600 per month at their full retirement age. Your maximum divorced spouse benefit could be $1,300 monthly if you claim at your own full retirement age and meet all other requirements.
However, applying at age 62 would generally reduce that amount.
Your full retirement age depends on your birth year. For people born in 1960 or later, it is 67.
Unlike your own retirement benefit, a divorced spouse benefit doesn’t increase through delayed retirement credits after full retirement age.
So, waiting until 70 won’t raise the divorced spouse portion beyond its full retirement age amount.
What If You Have Your Own Social Security Benefits?
You may be entitled to benefits based on your own earnings record and your ex-spouse’s earnings record.
However, Social Security doesn’t simply add both full amounts together.
For example, suppose your own monthly retirement benefit is $900. Meanwhile, your eligible divorced spouse benefit is $1,300.
If both amounts apply at full retirement age, Social Security would generally pay your $900 retirement benefit plus a $400 spousal supplement.
Your total would be $1,300, not $2,200.
Actual payments can differ depending on when you claim and other circumstances.
Can Your Ex-Spouse Stop You From Collecting Social Security?
It’s understandable to worry about this, particularly when a divorce has been difficult.
Perhaps your former spouse has refused to share financial information. Maybe communication has stopped altogether.
Fortunately, they cannot simply block an eligible claim.
The SSA makes decisions about divorced spouse benefits based on federal requirements.
Your former spouse doesn’t get to approve or reject your application.
You can contact Social Security directly to discuss your eligibility and the information needed to apply.
Need Legal Advice About Retirement Finances During a Gray Divorce?
A divorce after 50 can leave you with difficult questions about savings, pensions, alimony, and the income you’ll need in retirement.
At The Law Office of Jennifer J. McCaskill, LLC, we help people in Monmouth County understand their financial options during divorce.
We can review your circumstances, explain how New Jersey divorce law applies, and help you work toward a settlement that considers your future needs.
Call (732) 647 9256 to request a free case evaluation with our Monmouth County gray divorce attorneys.
What Happens to Your Social Security Benefits If You Remarry?
Starting another relationship after divorce may bring welcome changes to your life. But if you’re receiving Social Security through a former spouse, remarriage deserves some thought.
Generally, marrying someone else ends your eligibility for ordinary divorced spouse benefits based on a living ex-spouse’s record.
You may qualify for benefits through your new spouse instead.
If that later marriage ends, benefits through an earlier spouse’s record may become available again.
The rules are different when your former spouse has died.
Before remarrying, check how your decision could affect the benefits you currently receive or plan to claim.
Can You Receive Social Security Survivor Benefits When Your Ex-Spouse Dies?
Yes, and these benefits may be worth more than ordinary divorced spouse retirement benefits.
If your former spouse dies, you may qualify for surviving divorced spouse benefits.
Generally, you must have been married for at least ten years. You must also be at least 60, or 50 if you meet the disability requirements.
Remarriage can affect eligibility, but the rules are more flexible for survivor benefits.
For example, remarriage after age 60 generally doesn’t prevent you from collecting survivor benefits through a deceased former spouse.
Depending on your age when you claim, an eligible survivor may receive up to 100% of the deceased worker’s applicable benefit.
If you also qualify for benefits based on your own work, Social Security generally pays the higher applicable amount rather than both full benefits.
You can read more about these provisions in the SSA’s survivor benefits guide.