Can Your Ex-Spouse Claim Your Social Security Benefits?
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Your former spouse may be eligible to claim Social Security benefits based on your earnings record. The Social Security Administration (SSA) allows divorced spouses to collect benefits under specific conditions, even if their ex has remarried. These payments do not reduce what you or your current spouse receive, but they can provide meaningful income for your ex during retirement.
Here's Who Qualifies for Divorced Spouse Benefits
The SSA has clear rules on who can claim benefits based on an ex-spouse’s record. To qualify, the marriage must have lasted at least 10 years, and the divorced spouse must be at least 62 years old, currently unmarried and eligible for less on their own record than what they would get through their ex.
If you are already entitled to Social Security retirement or disability benefits, your ex may apply based on your record and they do not need your permission to do so. Even if you have remarried, their eligibility remains unaffected as long as they stay single.
What Happens if the Ex-Spouse Remarries?
Generally, remarriage ends a divorced spouse’s eligibility for benefits on a former spouse’s record. However, there are exceptions. If the new marriage ends in death, divorce or annulment, the ex-spouse may once again qualify for benefits based on the earlier marriage.
For widowed divorced spouses, the rules are more flexible. If a divorced widow or widower remarries at 60 or older (or 50 or older if disabled), they can still receive survivor benefits from their late ex’s record. This provision helps ensure that people who marry later in life are not penalized for starting over.
How Much Can an Ex-Spouse Receive?
The maximum benefit for a divorced spouse is up to 50% of the worker’s full retirement benefit, assuming the ex waits until the full retirement age to claim. Claiming earlier leads to a permanent reduction in monthly payments.
For example, if a retired worker in Texas receives $2,000 per month, their former spouse may qualify for as much as $1,000 monthly, without affecting the worker’s payments or those of a current spouse.
If the ex-spouse passes away, the surviving divorced spouse may qualify for survivor benefits of up to 100% of the deceased’s benefit amount, provided the marriage lasted at least 10 years.
Can You Sign Away Social Security Rights in a Divorce?
Even if a divorce decree says one spouse waives rights to the other’s Social Security benefits, that agreement does not hold up with the SSA. Social Security is a federal entitlement, meaning it is governed by federal law, not private contracts. Therefore, regardless of what is written in a divorce settlement, a qualified ex can still claim benefits when they reach eligibility age.
What if Both Spouses Worked?
Divorced individuals who qualify for benefits based on their work record cannot double-dip. The SSA automatically pays the higher of the two benefits — either the one based on personal earnings or the one based on an ex’s record. This ensures fairness while preventing overlap.
Here’s Why These Rules Exist
Spousal and survivor benefits were first added to the Social Security system in 1939 to protect non-working spouses, typically women, in retirement. While more women now work and contribute to Social Security themselves, many still earn less over their lifetimes. The divorced spouse benefit helps reduce the risks of poverty in retirement by recognizing unpaid contributions made during marriage.