Q & A
How do I know if I qualify for ex-spouse benefits?
Complete Question: I’m 64 years old and not married, which I’m finding out limits my Social Security filing options. However, I recently found out that I could get ex-spouse benefits since I’m divorced. There’s one thing that concerns me, though. My friend (who’s married) said she had to wait for her husband to file for benefits before she could get spouse benefits. I really don’t want to contact my ex-husband to find out if he has filed yet so I can collect off of his record. The Social Security office says they won’t tell me anything about him. So what can I do? Do I have to contact him?
Answer: No, you do not have to contact him. In fact, you can collect ex-spouse benefits without him ever finding out. The basic requirements for ex-spouse benefits are that you had to have been married to him for at least 10 years and currently divorced at least 2 years. Also, you cannot be remarried (and you mentioned you are not).
As for the spousal benefit your friend mentioned: Even though there are some special circumstances where this would not apply, in general your friend is correct in that the first spouse (the “insured”) has to file for benefits before the other spouse can get spousal benefits. In order to allow people like you from having to contact their ex-spouses, Social Security allows people to file for and receive ex-spouse benefits without the insured filing first. The only requirement in this respect is that the insured (your ex-husband) has to be at least 62 years old.
Aside from the above mentioned information and a few rules that apply in very specific circumstances, the rules for ex-spouses are virtually the same as for spouses. For instance, at your age of 64, your ex-spouse benefit is equal to your ex-husband’s benefit at full retirement age (also called primary insurance amount, or PIA), divided by 2, and then reduced by 16.67%. So if his PIA is $1,000, then your ex-spouse benefit would be $416.60. Just keep in mind another rule that’s the same for spouses and ex-spouses – when you apply for benefits, the Social Security Administration looks at both the spousal benefit and your own benefit and pays whichever one is higher. So if your own benefit is more than the ex-spouse benefit, they will pay yours instead.