Social security survivor benefits for ex wife

As you approach retirement, you may find that your ideal life no longer includes your current spouse.

You're not alone. According to the U.S. Census Bureau, the percentage of people who have been divorced is highest among those ages 55 to 64.

It may seem callous, but it might be wise for you to pause those plans to end your marriage — because you may receive significant financial benefit for doing so.

You may be able to claim Social Security retirement benefits on your ex-spouse's work record. But the timing of the divorce itself could be all-important, according to financial planning experts.

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The catch is that divorced people have access to former spouses' benefits only if they'd been married 10 years or longer, according to David Freitag, a financial planning consultant and Social Security expert at MassMutual.

"That is a huge, huge benefit," he said.

Yet some people are not aware of this wrinkle. Indeed, a MassMutual poll conducted last year found that 30% of individuals did not know a divorced person may potentially collect Social Security benefits on their ex-spouse's earnings history.

Why the 10-year mark is so important

For couples planning a divorce, the 10-year Social Security rule can make a huge difference.

While giving a presentation on Social Security, Freitag met a woman who had just divorced after she had been married for nine years and six months.

"Had she waited six months, she would have had access to a substantial spousal benefit from her ex-husband," Freitag said.

Claiming benefits on your ex-spouse triggers what is known as a spousal benefit, which is worth a maximum of 50% of the retirement benefit.

In 2022, the maximum monthly Social Security retirement benefit is $3,345 per month for those who retire at full retirement age. The difference between half of that — around $1,672 per month — and zero can be incentive enough for some couples in unhappy marriages to stick it out until they reach that 10th year anniversary, said Davon Barrett, a lead advisor and certified financial planner at Francis Financial, a New York-based wealth management firm specializing in divorce planning.

Barrett has advised clients who are going through a divorce that they may be able to take their retirement benefit on their own work record or half of their spouse's, whichever is higher. "That does provide a little bit of a safety net in some people's minds," he said.

Should your ex-spouse die, there may very well be access to a significant benefit for the rest of your life.

David Freitag

financial planning consultant at MassMutual

Those benefits are also available to same-sex couples, provided they have been married for 10 years or longer, Freitag noted.

What's more, if you're claiming on your ex-spouse and they remarry, you can still claim these benefits.

But if you remarry, it generally disqualifies you from claiming on your living ex-spouse's record. You must also be age 62 or over and entitled to receive either retirement or disability benefits, according to the Social Security Administration.

To be sure, other rules may also apply depending on your personal circumstances. To determine if you qualify, it's best to contact the Social Security Administration.

What happens if your ex-spouse dies

If your ex-spouse dies, you may qualify for what's known as a death benefit, which is worth up to 100% of the monthly checks they received. Again, the 10-year marriage rule applies in this case.

"Someday in the future, should your ex-spouse die, there may very well be access to a significant benefit for the rest of your life," Freitag said.

Certain other rules must also be met here, as well. For example, if you remarry after age 60 that will not affect your eligibility for survivor benefits on your ex-spouse's record.

Notably, if you qualify for these strategies, it's best to assume that you will have to bring it to the attention of the Social Security Administration.

 "When there's this much money potentially available, I think you have to be your own advocate," Freitag said.

A change to federal law created two different rules for ex-spouses who want to apply for Social Security spousal benefits based on their former partner’s earnings record. Which one applies depends on the applicant’s date of birth. The change is the result of the Bipartisan Budget Act of 2015. Here is what you need to know.

Key Takeaways

• Divorced spouses may be eligible to receive Social Security benefits based on their former spouse’s earnings record.
• Divorced persons born before Jan. 2, 1954, may file for spousal benefits at their full retirement age and suspend theirs until a later date, whereas people born thereafter must file for both at the same time.
• If their former spouse is deceased, divorced spouses may be eligible for survivor benefits, which have their own set of rules.
• The 10-year marital requirement is waived if the surviving divorced spouse is caring for the decedent's child who is younger than age 16 or is disabled.
• An ex-spouse can file a claim for spousal benefits even if their ex-spouse has not filed for their own benefits.

Divorced Spouse Social Security: Rule Change

The basic rules for divorced spouses and Social Security say that if an individual was married for at least 10 years and then divorced, they are eligible to collect spousal benefits on the earnings record of their ex-spouse as long as they are at least 62 years of age and currently single. The divorced spouse can collect on the ex-spouse’s account under these circumstances even if the ex-spouse has remarried.

Furthermore, if the couple has been divorced for at least two continuous years, the ex-spouse can claim benefits based on the other partner’s earnings even if the latter has yet to file for benefits. This contrasts with the rules for current spouses, who can’t collect benefits unless their spouse is already collecting them.

Ex-spouses who were born on or before Jan. 1, 1954, are allowed to file a restricted claim for spousal benefits at their full retirement age (FRA) and suspend their own benefits (based on their own work record) until later, a practice known as file and suspend. This allows their own benefit to keep growing by 8% a year up to age 70 when their benefit maxes out. At that point—or sooner, if they wish—they can switch over to their own, higher benefit.

However, under the rule change, divorced spouses who were born on or after Jan. 2, 1954, are deemed to be filing for all available benefits (spousal as well as their own) when they apply for Social Security. They will automatically receive whichever benefit is higher, but they can no longer take one type of benefit now and switch to another one later.

Spousal benefits and survivor benefits have different eligibility requirements and other rules.

Different Rules for Survivor Benefits

The rule about not switching benefits does not apply to Social Security survivor benefits, which divorced spouses may be eligible for if their former partner is deceased. Divorced spouses can file for survivor benefits as early as age 60 (age 50 if they are disabled) and switch over to their own benefit as early as age 62. They also have the option of filing for their own benefit first, as early as age 62, then filing for survivor benefits when they reach their FRA (66 to 67 for most people) if that will result in a higher benefit.

A worker must earn a certain amount of Social Security credits (no more than 40) to qualify for benefits. The number of credits needed for survivor's benefits depends on the age of the worker at the time of death.

Divorced spouses who are caring for their deceased spouse’s natural or legally adopted child who is younger than age 16—or disabled and entitled to benefits—can apply at any age. In this case, the rule that the couple must have been married for at least 10 years is also waived. However, the benefits will last only until the child reaches age 16 or is no longer disabled.

What Percentage of Social Security Benefits Can Divorced Spouses Get?

Divorced spouses can receive up to 50% of their ex-spouse's benefit. If filing before their full retirement age, the benefit is reduced by approximately 7% for each year claimed before full retirement.

How Do I Claim Social Security Benefits From a Divorced Spouse?

Divorced spouses can file a claim for Social Security benefits online at www.ssa.gov or in person at a Social Security Administration office.

Do Widows Who Remarry and Divorce Get Social Security Benefits?

After age 60, the widow receives the full survivor's benefits even if remarried. A widow who remarries before age 60 is not entitled to their late spouse's Social Security benefits; however, if that widow marries and then divorces the latter spouse, the widow may become eligible for survivor benefits from the deceased spouse.

How Long Do You Have to Be Married to Get Military Benefits After Divorce?

A former spouse is entitled to military benefits if their marriage lasted for at least 20 years, the serviceperson had at least 20 years of military service, and there were at least 20 years of overlap between the marriage and military service.