By Russell Gloor, National Social Security Advisor at the AMAC Foundation, the non-profit arm of the Association of Mature American Citizens
Ask Rusty – I’m Divorced; Can I Get Benefits from my Ex-husband?
Dear Rusty: After 16 years of marriage, we were divorced. I have never remarried, but he has. When he starts collecting Social Security (he is 64 now and still working), is it true that I can claim ex-spousal benefits or does that go to the current wife? How would I find this info?
Signed: A Divorced Spouse
Dear Divorced Spouse: The fact that your ex-husband has remarried has no influence on your ability to collect benefits based on his record. If you are eligible for ex-spouse benefits (because you did not remarry), you can get those benefits regardless of whether his current wife collects benefits on his record. In other words, both you and his current wife can both collect spousal benefits from your ex-husband’s earnings record.
Your eligibility for an ex-spouse benefit is determined by comparing your own SS retirement benefit amount at full retirement age (FRA) to his – if your own SS benefit at your FRA is less than 50% of your ex’s FRA benefit entitlement, and you were married to your ex for more than 10 years, are not currently married and are at least 62 years old, then you can get a “spousal boost” (an amount added to your own Social Security retirement amount). In fact, if you have been divorced for over two years, you can get an ex-spouse benefit even though he is not yet receiving his own SS retirement benefit.
Be aware, however, if you claim any Social Security benefit (both your own SS retirement amount and your ex-spouse “spousal boost”) before you reach your full retirement age, the monthly amount you get will be reduced according to how much before your full retirement age you claim. Spouse and ex-spouse benefits reach maximum at your full retirement age but are reduced if claimed earlier than your full retirement age. Claiming your benefits as an ex-spouse will also result in you receiving your own SS retirement benefit (reduced if you haven’t yet reached FRA).
I suggest you contact Social Security at 1.800.772.1213 to make a telephone appointment to evaluate whether you are entitled benefits as an ex-spouse. If your own SS retirement benefit at your FRA is less than half of your ex’s FRA entitlement, you will be. To apply for those benefits you will need a copy of your divorce decree (and perhaps your marriage certificate), and your ex-husband’s Social Security number (if you do not have his SSN, you can provide his date and place of birth and his parents’ names, and SSA will likely be able to locate your ex’s SS record).
SSA will be able to tell you what your total monthly benefit as an ex-spouse will be when you meet with them, at which point you can decide whether to claim your benefits early or wait until your FRA to achieve your maximum amount as an ex-spouse.
This article is intended for information purposes only and does not represent legal or financial guidance. It presents the opinions and interpretations of the AMAC Foundation’s staff, trained and accredited by the National Social Security Association (NSSA). NSSA and the AMAC Foundation and its staff are not affiliated with or endorsed by the Social Security Administration or any other governmental entity. To submit a question, visit our website (amacfoundation.org/programs/social-security-advisory) or email us at ssadvisor@amacfoundation.org.
