If you are divorced, you may be entitled to receive a portion of your ex-spouse’s Social Security benefit. Learn how the system works and if you qualify from financial advisor Kathy Costas. Contact EP Wealth to learn more.

How Do Social Security Benefits Work for an Ex-Spouse?

When a couple divorces and it’s time to discuss a settlement agreement with a financial planning advisor, Social Security is treated a bit differently than other assets. That’s because it’s the only asset in a divorce that multiplies rather than divides.

Both spouses can receive income from the higher-earning spouse’s benefits without diminishing the total amount each receives. For that reason, it’s not considered a “bargaining chip” when dividing assets because the numbers are really non-negotiable.

Am I Eligible to Receive My Ex-Spouse’s Social Benefits?

The federal government determines Social Security benefits according to how much each party earns, how long they are married, and when they retire. Generally speaking, you are entitled to receive a portion of your ex-spouse’s benefit if:

• You are 62 or older.
• You have not remarried before the age of 60.
• You were married for at least 10 years.
• You have been divorced for at least two years.

If your ex remarries, you will still be able to collect from their benefit, provided you continue to meet the requirements.

Generally, if you remarry before age 60, you would collect benefits from your new spouse. If you remarry after age 60 and your next marriage ends in death, divorce, or annulment, you can claim benefits from the ex-spouse who earns more.

How Much Will I Receive?

If you meet the guidelines to collect from your ex-spouse’s Social Security, you are entitled to either:

1. The benefit you’re entitled to receive based on your work, or

2. 50% of your ex’s benefit—whichever is greater.

Technically, the lesser-earning spouse is not receiving their ex’s benefit. They are receiving their own benefit plus an additional amount so that the total is equal to 50% of the ex’s benefit. Of course, if your benefit is greater than that number, you will only collect from your benefit.

Even if you receive a portion of the other spouse’s benefit, they will still receive their full benefit no matter what and no matter how many exes qualify for a portion of their benefit. It’s not an either-or scenario. Each ex-spouse receives their total benefit without changing what the higher earner is entitled to.

It’s possible this was created by design so that a spouse who did not work throughout the marriage can still qualify for Social Security even if they haven’t paid into the system. Similarly, someone who earned less than their ex during the marriage would otherwise receive a much smaller benefit if it were solely based on their own income.

One Final Note About Social Security and Divorce

In my work as a financial advisor, I’ve met clients who say, “My ex is so generous. He promised me his Social Security.” But it’s important to remember that if you qualify under the law, you are entitled to those benefits. Neither spouse has the power to make that call.

I advise my clients to bring all necessary paperwork, including the divorce agreement, to the Social Security Administration and speak with them directly to clarify their benefits.

Meanwhile, I’m here to assist and guide them throughout the divorce financial planning process every step of the way. The goal is to help both parties move toward a mutual settlement that best aligns with everyone’s needs and goals.

To find an EP Wealth financial advisor in your area and schedule an appointment, call or inquire online.

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• Information presented is general in nature and should not be viewed as a comprehensive analysis of the topics discussed. Content does not involve the rendering of personalized investment advice, nor is it intended to supplement professional individualized advice.
• As the author of this piece, EP Wealth Advisors, LLC (“EPWA”) has tailored the messaging of this article to align with the categories, services, qualifications, capabilities and services that it offers and can service. It is intended to serve as a tool containing general information that should assist you in the development of subsequent discussions with the appropriate professionals. EPWA makes no representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information presented. All expressions of opinion by the author are subject to change without notice.
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• Hiring or working with a CDFA^® does not guarantee or ensure that a client or prospective client will experience encouraging or favorable results.
• Information presented is general in nature and should not be viewed as a comprehensive analysis of the topics discussed. It is intended to serve as a tool containing general information that should assist you in the development of subsequent discussions. Content does not involve the rendering of personalized investment, tax, or legal advice nor is it intended to supplement professional individualized advice by the appropriate professional(s).
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