Please ensure Javascript is enabled for purposes of website accessibility
Search
Accessibility Menu

14 Social Security Tips if You're Divorced

By Christy Bieber - May 24, 2021 at 7:00AM
Social Security card with dollar bills and coins.

14 Social Security Tips if You're Divorced

Social Security rules can be confusing after divorce

Social Security will probably be a crucial income source in retirement. Unfortunately, understanding the rules for maximizing benefits can be really complicated.

This is especially true if you are divorced. That's because you may have more choices to make about benefits and different rules might apply to when and how you claim them.

If you've ended a marriage, here's what you need to know about how your former union could affect your future Social Security checks.

The $17,166 Social Security bonus most retirees completely overlook
If you're like most Americans, you're a few years (or more) behind on your retirement savings. But a handful of little-known "Social Security secrets" could help ensure a boost in your retirement income. For example: one easy trick could pay you as much as $17,166 more... each year! Once you learn how to maximize your Social Security benefits, we think you could retire confidently with the peace of mind we're all after. Simply click here to discover how to learn more about these strategies.

Previous

Next

Two gold rings lying atop a dictionary turned to the definition of divorce

1. Divorced spouses can sometimes claim benefits based on an ex’s work record

Most people know they can claim Social Security based on a current spouse's work record -- and that it's important to coordinate with your spouse when devising a claiming strategy to maximize your combined household income.

But it may come as a surprise to find out that divorce doesn't always prevent you from still taking advantage of benefits for spouses. It's important to know this, so you don't end up leaving money on the table that should rightfully be yours.

ALSO READ: 2 Out of 3 People Don't Know This About Social Security Survivors Benefits

Previous

Next

Casket being carried by people in suits.

2. You could be eligible for either spousal or survivors benefits from an ex-spouse

The benefits that you may be entitled to after divorce could include Social Security spousal benefits, which kick in at retirement.

But you could also be entitled to survivors benefits if your ex passes away. These can become available much earlier, especially if you are raising your deceased spouse's child.

Previous

Next

Person standing at bar in restaurant while working on laptop.

3. You can claim spousal or survivors benefits even if you haven't worked

To qualify for your own Social Security benefits, you need to work for a certain number of years and earn work credits.

But that's not the case to become eligible for either spousal or survivors benefits based on your ex's work history. In fact, you could be eligible for these types of Social Security income even if you never did a day's paid work outside of the home.

Previous

Next

Couple holding hands on shoreline.

4. You must have been married for at least 10 years to be eligible for an ex's benefits

Although divorce doesn't automatically mean giving up the ability to claim benefits on a spouse's work record, not every divorced person gets to do this.

You must have been married for at least 10 years prior to divorcing in order to retain your eligibility for claiming Social Security benefits based on your ex's work history.

If you are close to the 10-year mark when thinking about divorcing, it can be a good idea to delay the actual dissolution of your marriage whenever possible so you don't lose access to these valuable benefits.

Previous

Next

Person on laptop is thinking and looking out window.

5. Your ex's benefits may be larger than your own benefits

In some cases, the amount you will receive in spousal or survivors benefits is larger than the amount of Social Security income that you would receive if you claimed benefits based on your own wages earned over your career.

This is most likely to happen if your spouse earned considerably more money than you did.

A large income disparity can make spousal or survivor benefits very important, while if you and your ex earned close to the same amount, your ability to claim spousal or survivor benefits after divorce doesn't matter as much.

The $17,166 Social Security bonus most retirees completely overlook
If you're like most Americans, you're a few years (or more) behind on your retirement savings. But a handful of little-known "Social Security secrets" could help ensure a boost in your retirement income. For example: one easy trick could pay you as much as $17,166 more... each year! Once you learn how to maximize your Social Security benefits, we think you could retire confidently with the peace of mind we're all after. Simply click here to discover how to learn more about these strategies.

Previous

Next

Two Social Security cards and two hundred dollar bills partially covering a payout card.

6. Your ex may not have to file for benefits before you can claim yours

When you are still married and want to claim spousal benefits, your husband or wife must first file for benefits before you become eligible to claim on his or her work record.

That's not the case after divorce. As long as you have been divorced for at least two years, you can get Social Security spousal benefits regardless of whether your ex has started to receive retirement checks or not.

Previous

Next

Alarm clock next to a calendar.

7. You can't get spousal or survivors benefits and your own benefits at the same time

Social Security doesn't allow you to double-dip on your benefits, even after a divorce.

That means you can't simultaneously collect both your entire benefit based on your work history and your entire spousal or survivors benefit at the same time.

Instead, you will get the larger of the two benefits only.

ALSO Read: A Couple's Guide to Maximizing Social Security Benefits

Previous

Next

A person filling out a Social Security benefits application form.

8. The "deemed filing" rule may apply when you file for benefits

Since you can qualify for benefits on an ex's work history, you may decide you want to start your spousal or survivors benefits first and then wait to file for your own benefits until later (because doing so could help you raise your own benefit amount).

Unfortunately, this may not be allowed. It depends whether you are filing for spousal or survivors benefits.

You can file for survivors benefits and wait to claim your own retirement benefits. But you cannot do this with spousal benefits. That's because when you apply for spousal benefits, you are "deemed" to have filed for all of the benefits you're entitled to.

Previous

Next

A couple upset with each other

9. Your ex's Social Security benefits aren't impacted when you file for spousal benefits

If you file for benefits based on your ex's work history, this decision will not impact your ex's benefits in any way. Ex-spouses won't typically even be made aware of the fact that you've claimed your spousal benefits.

Your claim of spousal benefits also won't affect the ability of your ex's current spouse to get these benefits as well.

ALSO READ: If Your Ex Claims Spousal Benefits, Will It Affect Your Social Security?

Previous

Next

Older man looking at phone while sitting at desk

10. You can file for spousal benefits as early as 62 or survivors benefits at 60 or earlier

Spousal benefits based on an ex's work history become available when you turn 62.

Survivor benefits could become available earlier. If you are disabled, you could claim then as early as age 50. If you aren't, you could claim at age 60 or later. And if you are raising the deceased's children who are under 16, you can claim at any time.

The $17,166 Social Security bonus most retirees completely overlook
If you're like most Americans, you're a few years (or more) behind on your retirement savings. But a handful of little-known "Social Security secrets" could help ensure a boost in your retirement income. For example: one easy trick could pay you as much as $17,166 more... each year! Once you learn how to maximize your Social Security benefits, we think you could retire confidently with the peace of mind we're all after. Simply click here to discover how to learn more about these strategies.

Previous

Next

Older couple reviewing documents with their financial advisor

11. You'll shrink your benefits if you file for them before full retirement age

Although you can get benefits early on, the amount you receive from Social Security could be reduced if you don't wait until your full retirement age (FRA) to start your checks.

FRA is between 66 and two months and 67, with your full retirement age determined based on your birth year. If you claim your survivors or spousal benefits ahead of FRA, a small reduction in monthly benefits applies for each month you're ahead of schedule.

ALSO READ: How Much Does Filing Early Cut My Social Security Benefits?

Previous

Next

Woman helping bride put on bridal gown

12. Remarriage could affect eligibility for spousal benefits

If you get married again, you may no longer be able to claim Social Security benefits on your ex's work history.

If you are slated to receive spousal benefits, you won't get to claim benefits on your ex's record regardless of how old you are when you tie the knot again. Instead, you'd become entitled to spousal benefits based on your new husband or wife's work history.

The rules are a little different for survivors benefits. You are entitled to receive them as long as you don't remarry prior to age 60 (or age 50 if you are disabled).

Previous

Next

Little white piggy banks standing on top of seven stacks of coins in ascending order.

13. You can't earn delayed retirement credits on your spousal or survivors benefits

If you claim Social Security benefits based on your own work history, waiting beyond full retirement age can pay off for you. You can earn delayed retirement credits until 70, which raise your monthly benefit by a small amount each month.

You can't earn these credits with spousal or survivors benefits, though. That means if you are divorced and collecting benefits based on an ex's work record, there is no benefit to wait beyond FRA to start getting your checks.

ALSO READ: You Absolutely Shouldn't Wait Until 70 to Claim Social Security in This Situation

Previous

Next

Couple sitting with their financial advisor in a sunny room

14. The Social Security Administration won't necessarily help you figure out what's best

While you may hope that you can count on the Social Security Administration to help you maximize your benefits, that's not the case. In fact, retirees have lost millions of dollars because processes for notifying people about their eligibility for benefits don't always work.

It's a complex process to figure out when to claim Social Security even in the best-case scenario. Divorce only serves to make things even more complicated. If you aren't 100% certain about the best strategy for getting your benefits, talking to a financial advisor could be a smart move.

The $17,166 Social Security bonus most retirees completely overlook
If you're like most Americans, you're a few years (or more) behind on your retirement savings. But a handful of little-known "Social Security secrets" could help ensure a boost in your retirement income. For example: one easy trick could pay you as much as $17,166 more... each year! Once you learn how to maximize your Social Security benefits, we think you could retire confidently with the peace of mind we're all after. Simply click here to discover how to learn more about these strategies.

Previous

Next

A broken piggy bank inside a Social Security card.

Don't leave money on the table

Rules for Social Security benefits for divorced people exist for a reason. If you were married for at least 10 years, you deserve to be eligible for the benefits that your marriage entitled you to receive.

Make sure you understand the rules, make smart claiming choices, and get the money you need for a secure retirement.

The Motley Fool has a disclosure policy.

Previous

Next

Premium Investing Services

Invest better with The Motley Fool. Get stock recommendations, portfolio guidance, and more from The Motley Fool's premium services.