Divorced? You May Still Be Eligible for Spousal Benefits

Divorced? You May Still Be Eligible for Spousal Benefits
There are some stipulations to qualify. Dreamstime/TNS
Tribune News Service
Updated:
By Sandra Block From Kiplinger’s Personal Finance

The wage gap between men and women has narrowed in recent years, but many women still earn less than their spouses, particularly if they took time out to care for their family.

This discrepancy can be particularly difficult for divorced women who earned less than their former husbands because they no longer can rely on their partner’s income. Women—and men, if their ex-wives were the higher earners—can significantly improve their retirement security by taking advantage of Social Security benefits for divorced spouses.

If the benefits based on your ex-spouse’s earnings record are higher than you would receive based on your own earnings, you can apply for spousal benefits, and you may be eligible for survivor benefits too.

To qualify for these benefits, you must be at least 62 years old, and you must have been married for at least 10 years. If you remarried, you can’t collect benefits on your former spouse’s record—unless your later marriage has ended by annulment, divorce or death.

Unlike married spouses, divorced individuals can apply for spousal benefits even if their ex hasn’t filed for his or her own benefits, although your ex must be at least 62. But as is the case with married retirees, you can increase the size of your benefits by waiting to file your claim. If you wait until your full retirement age (FRA) to file, you’ll be eligible for 50 percent of your ex’s benefits at his or her FRA. You can apply earlier, but your benefits will be reduced by 7 percent to 8 percent for each year before your FRA that you claim.

You don’t have to tell your ex that you’re applying for benefits based on his or her record. In addition, your spousal benefits will have no effect on the amount of benefits your ex—or your ex’s new spouse—receives. You will, however, need to provide the Social Security Administration with a copy of your divorce decree, and it’s helpful to have your ex’s Social Security number too.

If your ex predeceases you, you may also be eligible for survivor benefits of 100 percent of his or her Social Security payout. Again, you must have been married for 10 years or more to qualify. However, remarriage won’t affect your eligibility for survivor benefits as long as you’re at least 60 years old when you apply, or 50 if you’re totally disabled. You can switch back to your own benefits when you turn 70 if that would result in a higher payout. Filing a claim for survivor benefits won’t affect the amount of benefits your ex’s other survivors receive.

(Sandra Block is a senior editor at Kiplinger’s Personal Finance magazine. For more on this and similar money topics, visit Kiplinger.com.)

©2022 The Kiplinger Washington Editors, Inc. Distributed by Tribune Content Agency, LLC.
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