The Truth About Whether Your Ex-Spouse Can Claim Social Security Spousal Benefits Based on Your Work Record
Key Points
43% of first marriages end in divorce.
Depending on the circumstances, your ex-spouse could claim benefits.
That claim will in no way subtract from your benefits.
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If you're among the roughly 43% of couples whose first marriage ended in divorce, you understand the challenges -- emotionally and financially -- of moving on. But did you know that it's possible your ex will claim spousal benefits based on your work record?
While you've likely gone out of your way to work out issues related to shared property and retirement accounts like your 401(k), whether or not your ex makes a Social Security claim based on your work record is out of your hands. Here's everything you might want to know about when an ex-spouse can claim spousal benefits.
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Eligibility
Eligibility requirements your ex must meet to receive benefits include:
- Time married: You must have been married for at least 10 years.
- Time divorced: If you've been divorced for at least two years, your ex-spouse can claim benefits even if you haven't filed for them yet.
- Age: Your ex-spouse must be at least 62 years old to make a claim, although making the claim before their full retirement age (FRA) may result in a benefit as little as 32.5% of the amount you are scheduled to receive at FRA (known as the "primary insurance amount").
- Marital status: Your ex must not be married to anyone else while claiming Social Security spousal benefits on your record.
- Their work record: Your ex's own retirement benefit must be less than the benefit they would receive based on your work record.
- Age: Your ex-spouse must be at least 62 years old to make a claim, although making the claim before their full retirement age (FRA) may result in a permanently reduced monthly benefit.
Your spouse is eligible to receive up to 50% in spousal benefits if you wait until your FRA to claim Social Security. To collect that 50%, your ex must wait until their own FRA to make the claim, too. The following table indicates how much your ex's benefits will be reduced if they claim before their FRA.
For the sake of this illustration, we'll assume that their FRA is 67 and your monthly benefit at FRA is $2,000.
|
Your Ex's Age at Retirement |
% of Your Monthly Benefit Your Ex Can Receive |
Your Ex's Monthly Benefit Amount |
|---|---|---|
|
62 |
32.50% |
$650 |
|
63 |
35.00% |
$700 |
|
64 |
37.50% |
$750 |
|
65 |
41.66% |
$833 |
|
66 |
45.83% |
$917 |
|
67 |
50.00% |
$1,000 |
Data source: Author's calculations.
Given that the divorce rate for people 65 and older has nearly tripled since 1990, it's valuable to know whether an ex-spouse making a claim based on your work record will have any effect on you. The answer is no. Their claim will have no effect on your personal Social Security benefits, nor will it affect your current spouse's benefits if they also make a claim based on your work record.
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