Social Security and Divorce

If you are divorced and have not remarried, you may be eligible to receive Social Security benefits based on your ex's work record. This benefit may exceed what you would receive based on your own work record, so it is definitely worth investigating. Here is what you need to know about Social Security benefits and divorce.

The requirements to receive Social Security benefits if divorced are fairly straightforward: you must have been married to your ex at least 10 years, must not currently be married (although having been married in the interim since your divorce doesn't disqualify you), and must be 62 years of age or older. If your ex is deceased or if your ex is deceased and you are disabled, you may be able to collect Social Security benefits based on your ex's work record sooner. Your ex must be eligible to receive Social Security benefits for you to receive them based on his/her record, but does not currently have to be collecting them.

You will receive half of your ex's Social Security benefit. If he dies before you, you can receive his full Social Security benefit.

You cannot collect Social Security benefits based on your own work record and your ex's work record at the same time. Instead, you will collect the higher amount of the two. However, you can receive benefits based on one work record and then the other to maximize the amount you receive. For example, your could choose to collect Social Security benefits based on your ex's work record at age 62 and then switch to your own at your full retirement age if the payment is higher (or vice versa). You will need to run the numbers to determine what is most beneficial to you. In some cases, this strategy may be advantageous, because, if you delay receiving Social Security benefits past age 62, the amount you are eligible to receive generally increases about 8% a year.

In order to receive Social Security benefits based on your ex's work record your will either need his/her Social Security number or date and place of birth and parents' names.

For what it is worth, the Social Security Administration will not notify your ex if you receive benefits based on his/her work record (and won't notify you if your ex receives benefits based on your work record).

If you meet the qualifications to receive Social Security benefits based on your ex's work record and want to find out how much you can receive and how those payments compare with benefits based on your own work record, contact the Social Security Administration and they will calculate the figures for you.

Sources

http://216.70.87.179/portal/index.php?option=com_content&task=view&id=222&Itemid=0, WISER Woman - Social Security and Divorce: What You Need to Know

www.socialsecurity.gov, Social Security Online - Get Help with Your Situation - Marriage, Divorce and Name Changes