Ex-Spouses Can Claim Social Security Benefits: What You Need to Know

A divorced spouse can claim Social Security benefits based on their ex-husband’s earnings, regardless of his remarriage. This situation arises when a person, after a lengthy marriage, seeks to understand their rights to financial support as their ex-partner approaches retirement age. The case in point involves a woman who was married for 16 years and is now exploring her eligibility for benefits as her ex-husband prepares to collect Social Security.

Understanding Ex-Spousal Benefits

Eligibility for ex-spousal benefits does not depend on whether the former spouse has remarried. If the individual has not remarried and was married for more than 10 years, they may qualify for benefits based on their ex-husband’s earnings. In essence, both the ex-wife and the current wife can receive benefits simultaneously from the same earnings record.

The key factors determining eligibility include the age of the ex-spouse and their retirement benefits. Specifically, if the individual is at least 62 years old and their own Social Security benefit at full retirement age (FRA) is less than 50% of the ex-husband’s FRA benefit, they may be entitled to a “spousal boost.” This boost adds an amount to their own retirement benefits.

Claiming Benefits: Steps to Follow

Importantly, a divorced spouse can claim these benefits even if their ex-husband has not yet begun receiving Social Security. As long as the divorce occurred more than two years ago, the individual is eligible to apply. However, claiming benefits before reaching full retirement age can reduce the monthly amount received.

To apply for ex-spousal benefits, it is recommended to contact the Social Security Administration (SSA) at 1-800-772-1213. During this call, individuals can arrange a telephone appointment to discuss their eligibility. It is important to have certain documents ready, including a copy of the divorce decree and possibly a marriage certificate. The ex-husband’s Social Security number is also necessary; if it is unavailable, the SSA can utilize other identifying information, such as date and place of birth, to locate his record.

When meeting with SSA representatives, individuals will learn about their total monthly benefits as an ex-spouse. This meeting will guide them in deciding whether to claim their benefits early or wait until reaching full retirement age to receive maximum amounts. Understanding these details can significantly impact financial planning for those navigating post-divorce life.

For further inquiries, individuals can seek advice from certified Social Security advisors like Rusty Gloor, who works with the AMAC Foundation. This organization provides resources and assistance to help navigate Social Security-related questions.