Getting a Divorce? 3 Things to Know About Ex-Spousal Social Security Benefits

Getting divorced changes a lot financially, but you could still be eligible to claim Social Security on your ex's work record.

**Claiming Social Security Benefits After Divorce: A Financial Opportunity**

Divorce can significantly alter your financial situation, but you might still be eligible to claim Social Security benefits based on your ex-spouse's work record.

Marriage provides several financial advantages, such as more favorable tax treatment and the option to claim a spousal Social Security benefit, even if you've never worked. While many of these benefits cease upon divorce, the spousal Social Security benefit may still be available. 

If you have recently divorced, here’s what you need to understand about ex-spousal Social Security benefits to help plan your financial future.

**1. Eligibility Criteria**

Individuals who are married to a qualifying worker for at least one year automatically qualify for spousal Social Security benefits. For divorced individuals, you can qualify based on your former spouse's work record if you were married for at least 10 years and have not remarried. Your ex-spouse's remarriage does not impact your eligibility, nor does your claim on ex-spousal benefits affect their new partner’s ability to receive spousal benefits. To apply, you must be at least 62 years old. If your ex-spouse is already receiving benefits, you can apply immediately; otherwise, you must wait two years post-divorce to apply.

**2. Benefit Amount**

The maximum Social Security spousal benefit you can receive is half of your ex-spouse’s entitlement at their full retirement age (FRA), which ranges from 66 to 67, depending on their birth year. To receive this maximum benefit, you must delay your application until you reach your own FRA.

By understanding these criteria and planning accordingly, you can better navigate your financial landscape post-divorce and maximize your Social Security benefits.

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