Whether from news headlines or the line-item deduction on your paystub, we have a familiarity with the term “Social Security.” At its core, Social Security is a national financial protection program providing benefits for over 80 years. As one of the most successful anti-poverty programs in our nation’s history, many people do not realize the breadth of services and support provided. Such services and support include retirement benefits, disability benefits (for adults and children), survivor benefits, original enrollment Medicare (other parts of Medicare are run by private insurance companies), “Extra Help” to cover Medicare prescription drug plan costs, as well as resources for those transitioning from incarceration back into the community.
Divorce changes everything, but Social Security also provides certain protections in particular with retirement benefits. When undergoing a divorce, many individuals do not realize how Social Security has certain mechanisms to preserve retirement benefits for both spouses.
You may be eligible to receive Social Security retirement benefits based on your ex-spouse’ s work record, even if your ex-spouse remarries, if the following apply:
- Your ex-spouse has worked for 10 years or more and is eligible to receive retirement benefits as early as age 62, and/or your ex-spouse is otherwise receiving Social Security disability benefits;
- Your marriage lasted at least 10 years from the date of marriage to date of the divorce;
- You are not married when applying for benefits; and
- Your own Social Security retirement benefits are lower.
If you have been divorced for at least two years, then you can receive divorced spouse benefits even before your ex-spouse applies for Social Security retirement benefits. The amount you receive will not impact the amount received by your ex-spouse regardless of when each party claims said benefits.
How is the Divorced Spouse Retirement Benefit calculated?
Generally, if you are eligible for retirement benefits on your own work record, Social Security will pay that amount first. If the benefit on the ex-spouse’s record is higher, then you will receive an additional amount from Social Security such that the combination of benefits equals the higher amount.
If your ex-spouse had numerous marriages, then anyone who had been married to said ex-spouse for at least 10 years may be entitled to receive benefits based on the ex-spouse’s work record. The benefits received by each person will not be affected by the amount received by any other person.
Due to the complexity of the Social Security benefits system, there are a number of unique circumstances when divorced spouse benefits may not be available at all, or at least not yet. Here are a few clear examples:
- Your marriage did not last for at least 10 years.
- You are under age 62.
- You have remarried. If you remarry, then you cannot collect on any ex-spouse’s Social Security retirement benefits unless your then-current marriage ends as a result of death, divorce or annulment. However, even in this situation you may qualify for other benefits.
Going one step further, Survivor Benefits may be available. Generally, the same payment rules apply to divorced widows and widowers as to current widows and widowers. Meaning, if you are collecting on your own Social Security Retirement Benefit while your ex-spouse is alive, you may be able to apply for a higher widow’s rate when your ex-spouse passes away should you be eligible for the same.
What if you signed a separation agreement, property settlement, or other divorce provision waiving your rights to Social Security on your ex-spouse’s working record? Such clauses are not enforceable. The Social Security Administration is a federal program and as such will not recognize such waiver clauses included in any family law settlements.
Yes, divorce changes everything, but Social Security provides some financial relief regardless of the resulting division of property and financial resources. To learn more about Social Security benefits, click here.
By: Theresa E. Viera
