How Divorce Affects Your Social Security Benefits

May 12, 2015

If you are divorced and were married for 10 years or longer, did you know you may be eligible for an ex-spousal Social Security benefit? Every time I say this I am amazed at the shocked expressions on people’s faces. Then I typically get the following questions:

  1. I remarried and divorced again so I can’t qualify, right? Wrong, as long as you were married for ten years or longer to one of your former spouses and are single when you file, you may be eligible for a benefit.
  2. Can I take both my retirement benefit and my ex-spousal retirement benefit? Nice try, but no. If you file for your Social Security benefit prior to full retirement age, you will get either your benefit or an ex-spousal benefit equal to ½ of your ex-spouse’s normal benefit, whichever is greater, although either benefit will be reduced for filing early. If you wait until your full retirement age, you can then file a restricted application and take the ex-spousal benefit now and let yours grow until age 70. Social Security benefits not taken after full retirement age earn delayed retirement credits of 8% per year plus possible cost of living adjustments up until the age of 70.
  3. Can I apply for ex-spousal benefits even if my ex has not filed yet? Unlike married couples, an ex-spouse can file for benefits even if their ex has not filed as long as the ex is at least 62 and you have been divorced for at least two years.
  4. Will they know that I have applied? Nope. They won’t know unless you tell them.
  5. Will my taking this benefit reduce my ex’s or my ex’s current spouse’s benefits? Nope again. Your benefit will have no affect on your ex’s or ex’s current spouse’s benefits.
  6. My ex-spouse died. Am I eligible for any benefits? Yes, if you were married at least 10 years, you may be eligible for a survivor benefit (typically 100% of the ex’s benefit).
  7. I got married and I am still married so am I not eligible? Maybe. If you remarried after the age of 60 (age 50 if you are totally disabled), you may still be eligible for a survivor benefit.

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