Key Points
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If you were married for 10 consecutive years and meet other eligibility criteria, you can claim divorced spouse benefits.
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Your claim will not impact your ex’s benefits.
While few people would claim that divorce is easy, it can be even more difficult if you once counted on your ex-spouse for the lion’s share of income flowing into your home or planned to claim Social Security spousal benefits based on their work record.
However, divorce doesn’t automatically mean that you no longer have access to spousal benefits. If you’re afraid that you’ll lose spousal benefits, here’s what you need to know.
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Who qualifies?
To qualify for spousal benefits based on your ex’s work record, you generally must:
- Be at least 62 years old.
- Have an ex who’s entitled to retirement or disability benefits, even if they’re not collecting yet.
- Have been married to your ex for at least 10 consecutive years before the divorce became final.
- Be unmarried to anyone else when you apply for benefits.
- Not be eligible for a higher benefit amount based on your own work record.
Finally, if your ex has not yet filed for benefits, there is one additional rule. You must both be at least 62, and the divorce must have been final for at least two years.
How much are you eligible to receive?
As a divorced spouse, you’re eligible to receive up to 50% of your ex’s full retirement benefit if you claim at your full retirement age (67 for anyone born in 1960 or later). For example, if your ex-spouse is eligible for a $3,000 monthly benefit, you’ll be eligible for $1,500 per month. (If your ex passes away, you may qualify for a “survivor benefit” of 71.5% to 100% of their earned benefit.)
If you claim before your full retirement age, your divorced spouse benefit will be reduced.
How will your claim impact your ex?
Claiming spousal benefits will not reduce what your ex receives. And if your ex was married before you or marries someone else after you, that person may also be able to claim spousal benefits on their work record. In fact, because they’re never informed, your ex may never know you’ve claimed benefits based on their work record at all.
The tricky bit: Remarriage
One way people lose divorced spouse benefits is by remarrying. If you’re remarried, you cannot claim based on a former spouse’s record. However, if your later marriage ends in death, divorce, or annulment, you may qualify to claim on a prior ex-spouse’s record, assuming all other conditions are met.
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