Maybe the ink on those divorce papers dried years ago. You and your former spouse split your assets and moved on to greener pastures. But even if you haven't spoken to your ex in years, did you know you may be eligible for their Social Security benefits?
Can you take your ex's Social Security?
First things first: You can't really "take" someone else's Social Security. But when you're married or divorced, Social Security can use your current or former spouse's work record to qualify you for more benefits in some cases. If you're harboring fantasies of your ex being stunned with a reduced Social Security check, you're out of luck. If you claim spousal benefits, you won't reduce their monthly checks.
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To qualify for spousal benefits as an ex-spouse, the marriage must have lasted for at least 10 years. Your ex will need to be eligible for benefits, meaning they're at least 62. If they're eligible but haven't claimed benefits yet, you'll need to have been divorced for at least two years. You'll also need to wait until age 62 to claim spousal benefits.
How much can you get from spousal benefits?
Even if your ex was the higher earner, you may still get more money by taking your own retirement benefit instead of your ex's. (Sorry, but you get whichever is higher -- not both.) That's because the maximum spousal benefit for current and former spouses is 50% of their benefit at full retirement age.
You can receive the full 50% if you wait until your full retirement age, which is 67 if you were born after 1959. But if you're claiming early, you'll reduce the benefit even further. If you start collecting as soon as you're eligible at age 62, you'd receive just 32.5%. You also can't earn 8% delayed retirement credits for each year you delay past full retirement age. Your spousal benefit maxes out at full retirement age.
If your ex dies before you, you'll qualify for survivor benefits, assuming you met the 10-year minimum marriage length requirement. Eligibility for survivor benefits begins at age 60 (or age 50 if you're disabled), though you may qualify for benefits at any age if you're caring for your ex's dependent child. Depending on your age, you can receive 71.5% to 100% of your deceased ex-spouse's benefit. As with spousal benefits, you won't earn delayed retirement credits if you wait past full retirement age to collect survivor benefits.
What if one of you has remarried?
If your spouse has remarried but you haven't, you're in luck: Their remarriage has no effect on the benefit you qualify for. This applies even if your ex has multiple former spouses or if their current spouse is collecting spousal benefits based on their record.
But if you've remarried, you won't be able to collect spousal benefits unless that marriage ends as well. If you outlive your former spouse, though, you'll be eligible for survivor benefits when you're 60 (or 50 if disabled). After that, remarrying won't affect your benefit.
An example of how divorced spouse benefits work
Suppose you were married for 20 years and then you divorce. Your ex significantly outearned you. When you apply for benefits, Social Security looks at both your retirement benefit and your former spouse's and gives you the bigger of the two.
Let's say you're starting benefits at full retirement age. Your primary insurance amount is $1,000, while your ex-spouse's is $2,500. In that case, you'd receive the spousal benefit. But you'd only receive $1,250, because the largest spousal benefit is 50% of their primary insurance amount. If you claimed early, you'd receive even less.
Confusing? Yes. But if you have any questions about benefits, that's what the folks at your local Social Security office are there for.
