Can I collect my ex-spouse’s Social Security benefits”? If you are asking this question, the simple answer is yes.
Divorce affects your finances as a couple. But you may need to know of the possible benefits of divorce.
Apparently, you can be eligible for Social Security benefits of your ex-spouse. But you must meet specific eligibility criteria to access those benefits.
Read this post to the end to determine whether you can file for your ex-spouse’s Social Security benefits.
How Do Social Security Benefits Work When You Are Married?
When workers apply for Social Security benefits, their spouse may also qualify for the same benefits per how much the worker earns.
Even so, the spouse cannot be below 62, be the primary caregiver of a child below 16, or collects Social Security disability benefits.
The circumstances differ if the partner qualifies for Social Security payments on their wages.
In that case, the Social Security Administration (SSA) will issue the retirement benefits first if the spouse’s retirement benefits exceed the spousal benefits. If not, the partner will get spousal benefits only.
How Do Social Security Benefits Work When You Are Divorced?
So, can I collect my ex-spouse’s Social Security benefits? Yes, you can. However, an ex-spouse’s benefits differ from a current spouse’s.
You may qualify for benefits based on your ex-spouse’s income history if:
- You are an ex-spouse of a worker eligible for Social Security disability or retirement benefits
- You are not remarried and
- You are 62 years old and older
Other conditions apply, however.
Eligibility Criteria for an Ex-Spouse’s Social Security Benefits
You must satisfy the following requirements to be eligible for your ex-spouse’s benefits, in addition to being 62 and single, and divorced from an individual who is eligible for Social Security disability or retirement benefits:
- Your marriage must have lasted for ten years and above
- If you remarried after divorcing your ex-spouse, you might not receive benefits on their earnings history unless your new marriage was annulled and ended in divorce or demise.
- If your income history qualifies you for benefits, those benefits must be lower than what you would have otherwise qualified for on your ex-spouse’s earnings history. Thus, you may collect the one with higher benefits, but you cannot.
- Even if your ex-spouse is not yet retired, you can still file for benefits on their earnings history as long as it has been two or years since your divorce.
Use the SSA’s Benefit Eligibility Screening Tool to determine your eligibility for benefits.
You may check the ex-spouse’s benefits status on the SSA website if you have their Social Security number (SSN).
You can request the SSN from your ex-spouse if you don’t have it and are still on good terms with them.
What If There Is Another Ex-Spouse?
If there are several ex-spouses involved, your eligibility for benefits and the eligibility of any other ex-spouses may depend on the income history of your shared ex-spouse.
It does not matter who got married first; all ex-spouses are eligible for the person’s Social Security benefits irrespective of who applied or has not applied or when they applied.
Your Date of Birth Affects Your Eligibility for Benefits
Your date of birth is another factor to take into account while applying for the Social Security benefits of an ex-spouse:
- Individuals born before January 2, 1954, who have attained full retirement age (FRA) can claim their ex-spouse’s benefits and postpone receiving their retirement benefits.
- You no longer have a choice to claim just one benefit at FRA if born on or later than this date. As a result, when an ex-spouse applies for one benefit, they are applying for all their spousal benefits.
Another thing, as a divorcee, you will only receive half of your ex-spouse’s benefits if you wait till full retirement age to apply. The same applies if your ex-spouse is dead.
Does an Ex-Spouse’s Death Affect the Benefits?
Yes. If your ex-spouse dies, you can be eligible for Social Security benefits. However, there are certain conditions you must meet:
- You were married for at least ten years
- Other survivors getting benefits per the income history of your ex-spouse will not see a difference in their benefits because of the benefits you receive as a surviving ex-spouse.
According to the SSA, remarrying after turning 60 (or 50 for those with a disability) will not impair your capacity to get benefits from a deceased ex-spouse.
Also, suppose you have a child aged below 16 or with a disability under your care, and that child receives benefits on your ex-spouse’s earnings history.
In that case, you don’t necessarily need to meet the “ten years of marriage” requirement. But this kid must be your ex-spouse’s biological or legitimately adopted child.
How to File for Social Security Benefits as an Ex-Spouse
To file for your ex-spouse’s Social Security retirement or disability benefits, you should:
- Fill out an online application if you reach 62 years in three months.
- Call the SSA at 800-772-1213 to apply or 800-325-0778 if you have a hearing problem/deaf.
- Visit your nearest SSA office to fill out an application. Although it is not required, scheduling an appointment helps expedite the procedure.
- Issue the SSN of your ex-spouse. You can provide their date, place of birth, and parents’ names if you do not know your ex-spouse’s SSN.
- Gather the required documents, including your birth certificate, proof of citizenship (or immigration status if you are a foreigner), W-2 forms, military discharge records if you are a veteran, and divorce decree.
- Ensure you have your personal details ready, including your SSN, date, and place of birth.
- When registering for direct deposit of your benefits cheque, bring your checkbook or other documentation with your account number.
Beware that you cannot fill out an online application if you are the surviving ex-spouse. You must visit the SSA offices to apply.
Speak to a Social Security Lawyer Today!
So, can I collect my ex-spouse’s Social Security benefits?
If you are divorced, you may qualify for benefits per your ex-partner’s income history. However, you may not be sure unless you investigate the matter.
By researching and filing an application with the SSA, you may get substantial monetary benefits from your former marriage.
You may speak to a Social Security lawyer to investigate your matter and determine whether you qualify for Social Security benefits under your ex-spouse’s income.
At Legal Giant, we can link you up with an experienced lawyer to advise you and help you file for these benefits.
Contact us at (833) 641-1650 for a free consultation and review of your case.
