Social Security Benefits for Divorced Spouses

    Social Security benefits are a key piece of the retirement income puzzle. That’s why it’s good to know what you are entitled to, and how benefits can shift if your circumstances change.

    You can receive benefits on your ex-spouse’s work record if:

    • You are 62 or older.

    • Your marriage lasted at least 10 years or more.

    • You have not remarried.

    • You are entitled to Social Security retirement or disability benefits.

    • The benefit you’d receive based on your work record is less than you would receive based on your ex’s record.

    It does not matter if your ex remarries. Their marital status does not impact your right to claim benefits on their employment record.

    However, if you remarry, you cannot receive ex-spousal benefits (unless that new marriage ends due to annulment, divorce, or death.) If your ex passes away, you should receive benefits just as a widow or widower would, provided you were married for at least 10 years.

    Calculating Social Security Benefits for Divorced Spouses

    Now, let’s look at how Social Security benefit amounts are determined.

    If you qualify for benefits based on your employment record, that amount is paid first. If the amount on your ex-spouse’s work record is higher, you will receive an additional amount for the difference between the two. Both amounts combined should equal the highest amount.

    If you earned more throughout your work history and qualify for higher benefits than your ex, then you will not receive spousal benefits. In that case, your ex could receive additional benefits based on your work record, assuming they meet eligibility criteria.

    Timeframe to Receive Social Security Spousal Benefits

    If your former spouse qualifies for Social Security benefits and you have been divorced for at least two continuous years, you can receive benefits—even if your ex has not applied for them. Remember, benefits are paid out separately to both individuals on your own respective timelines.

    If you were born before January 2, 1954, and have already reached retirement age, you can receive your ex’s benefit and hold off on receiving your benefit until a later date. If you were born after that date, the option to receive one benefit at retirement age and postpone the other is not available. In the latter case, when you file for Social Security, you are filing for your benefits and your spousal benefits combined.

    When it comes to financial planning for divorce, developing sound strategies regarding Social Security and other retirement income is just one way EP Wealth advisors help clients plan today for a bright tomorrow. Certified Divorce Financial Analysts (CDFAs) help you navigate the financial aspects of divorce to make the process less stressful and more productive. Find a CDFA near you.

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