Key Points
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Social Security allows a lower-earning spouse to claim benefits on a higher-earning spouse’s work record.
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Spousal benefits are still available after a marriage lasting at least 10 years.
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If you’re divorced, you have an advantage when it comes to claiming because you don’t have to wait for your spouse to claim first.
Most people think of retirement benefits when they hear the words Social Security. And, of course, Social Security does provide benefits to millions of retirees based on their work history. These benefits are intended to replace 40% or so of income, and to support you in your later years.
There are other kinds of benefits available, too, though, including spousal benefits. If you earned less than your spouse throughout your respective careers, these benefits could be invaluable, as they could help to ensure you have financial security during your own retirement.
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Spousal benefits are obviously available if you are married. But they are also available in some cases after a divorce. And, when they are available after a divorce, the person who is collecting them actually has a big advantage over someone who is still married. Here’s why.
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Spousal benefits can still be claimed after a divorce
The first key thing to be aware of about spousal benefits is that you may be entitled to collect them if you divorced after 10 years of marriage.
This is true no matter how long ago your marriage was. If you were married for a decade in your 20s, you can still collect Social Security spousal benefits from your ex’s work record later, as long as your marriage lasted long enough.
You cannot, however, claim these benefits if you have remarried. In that case, you’d get spousal benefits based on your new spouse’s work record instead of your ex’s.
You have an advantage in claiming spousal benefits if you are divorced
If you are divorced and you are thinking about claiming spousal benefits, it’s important to know that you actually have a big advantage over married couples.
That advantage comes from the fact that you do not have to wait until your ex claims their own benefits before you can start your spousal benefits. Married couples don’t get this option.
If you are married and claiming spousal benefits, you cannot collect them until your higher-earning partner claims their own retirement benefits.
This can sometimes put you in a tough spot, as you may want to start your spousal benefits but not want your spouse to claim their retirement checks yet. When the higher earner waits until 70 to claim benefits (or at least as long as possible), that helps the couple get more household income and increases survivor benefits.
Married couples have to make tough choices here, especially if the lower earner doesn’t qualify for any Social Security benefits on their own work history. It comes down to whether you want spousal benefits to start sooner so you can take less out of your retirement plans, or whether you want to maximize survivor benefits and retirement benefits for the higher earner.
When you are divorced, though, this isn’t an issue. As long as you got divorced over two years ago, you can claim your spousal benefits on your spouse’s work history whenever you want to — even if they haven’t received their own retirement checks yet.
This gives you the freedom and flexibility to retire when you want, without having to try to coordinate with an ex who may not be eager to cooperate with you.
Of course, there’s nothing married couples can really do about this disadvantage, as no one is going to get divorced just to unlock the ability to get spousal benefits earlier.
But both married and divorced individuals should be aware of it when making their retirement plans in order to make the most informed choices about the best time to get their Social Security checks started.
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