If you’ve worked for at least 10 years, you should be able to count on a Social Security retirement benefit when you’re older. But eligibility rules are a bit more complicated for those with little to no work history.
These individuals can qualify for a spousal Social Security benefit if they’re married to a worker eligible for retirement benefits. Sadly, not all marriages last, and a split could really mess with your plans. Here’s what you need to know about how divorce affects Social Security eligibility.
Image source: Getty Images.
What is a spousal Social Security benefit?
Before we dive into how divorce affects benefits, it helps to understand what spousal benefits are and how they differ from Social Security retirement benefits. A spousal benefit is a benefit available to the spouse of a qualifying worker. You can only claim a spousal benefit if your partner is already claiming and only if the spousal benefit you’re eligible for is worth more than your Social Security retirement benefit.
A spousal benefit is worth up to one-half of the worker’s benefit at their full retirement age (FRA). This is anywhere from 66 to 67, depending on the worker’s birth year. For example, if a worker’s benefit at their FRA is $2,000 per month, your largest possible spousal benefit is $1,000 per month.
But you could get less than this if you apply under your own FRA. The government shrinks your checks by 25/36 of 1% per month for up to 36 months of early claiming. You’ll lose 5/12 of 1% per month for every additional month of early claiming beyond 36 months. That means if you apply as soon as you become eligible at 62, you could reduce your checks by up to 35%. The worker applying for their own benefit early won’t affect your spousal benefit, though.
How does divorce affect your Social Security benefits?
Divorce could render you ineligible to claim a spousal Social Security benefit on your partner’s record. It depends on the length of your marriage. If the two of you were together for at least 10 years before splitting, you’re in the clear. You can continue to receive spousal Social Security benefits on your ex’s work record, even if your ex goes on to remarry.
Those who still qualify for Social Security on their ex’s work record can begin claiming benefits immediately if their ex is already receiving Social Security. If not, they’ll have to wait until they’ve been divorced for at least two years. Then, they can claim spousal benefits even if their ex hasn’t applied yet.
If you and your ex weren’t married for at least 10 years, spousal benefits are unfortunately off the table for you. But you could still claim a Social Security retirement benefit if you’re eligible for one.
What happens if you remarry?
As discussed above, your ex remarrying won’t affect your eligibility for spousal benefits. And you claiming a spousal benefit won’t prohibit your ex’s new spouse from claiming one. But if you remarry, you become ineligible to claim on your ex’s work record anymore.
However, you would be eligible to claim a spousal benefit on your new partner’s record, assuming they worked long enough to qualify for Social Security retirement benefits. Again, you cannot apply for benefits until your new partner is already claiming. And you’ll only get a spousal benefit if it’s worth more than the retirement benefit you’ve earned on your own.
If you have any questions about how changes to your marital status will affect your Social Security eligibility, it’s best to contact the Social Security Administration for specific advice. You can do this online, by phone, or by visiting your local Social Security office.
