Latest News
Ex-Spouses May Be Eligible for Social Security Benefits on Their Ex-Spouse - MSN.com
Divorce can be upsetting emotionally and financially, but divorce does not necessarily mean you lose access to benefits on your ex-spouse’s Social Security record, even if they remarry.
You may still be eligible for a spousal or survivor benefit if you meet the necessary requirements. The first is that you have been married for at least 10 years. If your divorce becomes finalized even one day short of 10 years, Social Security will deny you benefits. If you find yourself facing a divorce and haven’t yet met the 10-year requirement, try to postpone finalizing your divorce until after the 10-year mark, especially if you need access to your spouse’s Social Security benefits.
Other requirements for receiving a spousal benefit are that you are single and, if divorced, have been so for at least 2 years; your ex-spouse only needs to be at least 62, whether they are receiving benefits or not; and you can receive a spousal benefit. A spousal benefit equals 50% of the other spouse’s FRA benefit if you wait until your full retirement age (FRA) to claim it. If you file for your own benefit before your FRA, and you are eligible for a spousal benefit, you will be deemed to have filed for it, and it will be reduced according to your age. It is a permanent reduction and does not increase to the full 50% at your FRA.
If you are eligible for a spousal benefit, you will be eligible for a survivor benefit should you outlive your ex-spouse. Even if you are not eligible for a spousal benefit, you are still eligible for a survivor benefit as long as your ex-spouse’s benefit was higher than yours. Once again, you must have reached your FRA to receive 100% of your ex-spouse’s benefit at their time of death. You must be single or not have remarried before your 60th birthday to apply for it. Survivor benefits become available at age 60 or age 50 if you are disabled.
Gerelyn Terzo has written about claiming half of your ex’s Social Security. To read the full article, click here…
If you have questions about spousal or survivor benefits as an ex-spouse, email your questions to ssadvisor@amacfoundation.org or call an advisor at (888)750-2622.
This posting is presented for informational purposes only and does not represent legal or financial guidance. Any opinions or interpretations presented are either those of the original author or, in the case of articles authored by the AMAC Foundation, are the opinions of AMAC Foundation staff, originally trained and accredited by the National Social Security Association (NSSA) and certified via the AMAC Foundation. Any links included in the article are valid on the posted date; socialsecurityreport.org cannot guarantee the duration of the links’ validity. NSSA and the AMAC Foundation and its staff are not affiliated with or endorsed by the Social Security Administration or any other governmental entity. To submit a question, visit our website (https://amacfoundation.org/services/) or email us at ssadvisor@amacfoundation.org. Because we are a non-profit organization, there is no charge for these services.