Getting Divorced? Here's What That Means for Your Social Security Benefits.
Key Points
You may still be eligible to claim Social Security on your ex's work record if you were married for at least 10 years before divorcing.
If you remarry, you will lose the ability to claim Social Security on your ex's work record.
You will only receive a spousal Social Security benefit if it's larger than your own retirement benefit.
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Divorce is a stressful and often confusing time. You're trying to process a lot of different emotions, and you also have to figure out how to untangle your finances from your ex's.
In the midst of all that, it's easy to lose sight of how this transition will affect your Social Security benefits. But understanding what you can expect when it's time to sign up is key to retiring comfortably.
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You could still be eligible to claim Social Security on your ex's work record
You may still be able to claim Social Security on your ex's work record following a divorce if you were married for at least 10 years. This is true even if your ex later remarries. Both you and their new spouse can claim spousal Social Security benefits without one person's claim affecting the other.
While currently married couples usually have to wait until their partner has applied for Social Security before they can claim spousal benefits, you'll be able to claim benefits on your ex's work record even if they haven't applied yet. However, in that case, you must wait at least two years after your divorce.
If you remarry, you'll no longer be able to claim spousal Social Security on your ex's work record. However, you may be able to do so on your new spouse's work record, assuming they qualify for retirement benefits.
You may not get a spousal benefit if your retirement benefit is larger
Keep in mind, whether you're claiming on a current or ex-spouse's work record, you'll only get that benefit if it's worth more than your own retirement benefit. This usually only happens when one person significantly out earns the other.
You can estimate how your monthly retirement benefit may compare to the spousal benefit you'd qualify for by creating a my Social Security account. There's a tool here that can show you the benefits you'd be entitled to at every age, based on your work history to date and future income projections.
You can also estimate the spousal benefit you'll qualify for. You may need your partner or ex to look up what kind of benefit they're entitled to at their full retirement age (FRA) -- 67 for most workers today -- so you can plug this information into the spousal benefit calculator tool.
If you have any questions or are struggling to estimate your spousal benefit, reach out to the Social Security Administration for clarification. You can call or schedule an appointment at your local Social Security office.
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