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For Your Life Kailey Hagen February 6, 2023

3 Things Newly Divorced People Need to Know About Social Security

Divorce may end your personal relationship with your ex, but it doesn't always end your financial relationship with them. You're probably familiar with the alimony and child support payments one former spouse may owe the other, but few people realize that your ex's finances can also affect how much you get from Social Security.

Don't worry -- they won't be able to take any portion of your monthly benefit checks unless you're not keeping up with your alimony or child support payments. But they could help you get a larger payout from the program. Here are three key things divorced people need to know about Social Security benefits.

1. You may be eligible to claim Social Security based on your ex's work record

You can claim Social Security on your own work record as long as you've earned at least 40 work credits during your career.

You accrue those credits -- a maximum of four each year -- by earning money. This year, you can gain one credit by earning $1,640 -- and the annual limit of four by earning $6,560.

Married people may also be eligible to take the spousal benefit, which is up to half of what their spouse's benefit would be if they began collecting Social Security at their full retirement age (FRA). For those who have not yet retired, FRA will either be 66, 67, or 66 plus some months, depending on their birth year.

But if you are somebody's ex-spouse, you're still eligible to claim the spousal benefit, as long as you were married to your ex for at least 10 years and you aren't married to someone else. If your ex is already claiming Social Security and you are at least 62, you can sign up for benefits based on their work record at any time. But if they haven't claimed yet, you must wait until you've been divorced for at least two years to apply.

The Social Security Administration will automatically give you the larger of your own benefit or your ex-spousal benefit, so you don't have to do the math to figure out which is the better choice for you. You don't need your ex's permission or assistance to claim an ex-spousal benefit, either. But you will need to provide copies of your marriage and divorce certificates to prove your relationship. And if you have two ex-spouses you were married to for at least 10 years, you can claim the one with the higher payout. 

2. Remarrying could cost you your ex-spousal benefit

Remarrying could render you ineligible for the ex-spousal benefit. However, you could still claim a benefit on your own work record if you qualify. You may also be entitled to a benefit on your new spouse's work record. Unlike ex-spousal benefits, there's no marriage length requirement for this.

Your ex remarrying shouldn't affect your ex-spousal benefit. And you claiming Social Security on your ex's work record won't preclude your ex's new spouse from claiming the spousal benefit if that's more than what they'd be entitled to based on their own work history.

3. You and your child could qualify for survivors benefits if your ex dies

You cannot claim Social Security retirement benefits until you're at least 62, but the program's survivors benefits often go to people much younger than this. These are available to surviving family members after a worker dies.

Ex-spouses may be eligible for survivors benefits if they were married to the deceased worker for at least 10 years. Remarrying could render you ineligible for these benefits if you do so before you turn 60, or before 50 if you're disabled. But remarrying beyond those ages won't affect your eligibility for survivors benefits.

The length-of-marriage rule doesn't apply if you're caring for the deceased worker's biological or adopted child, if the child is either disabled or aged 16 or younger. In those cases, you would be eligible for a Social Security benefit on the deceased's work record and so would the child. However, the child's benefit will end once they turn 18 (or 19 if they are still enrolled in secondary school until then), unless they are disabled. Your benefit will end when the child turns 16, unless you're at least 60 (or 50 if disabled) at that time.

To claim these benefits, you'll need to prove your relationship and the child's relationship to the deceased worker. The Social Security Administration will often ask for birth, marriage, divorce, and death certificates to support those claims.

If you have any questions about which benefits you're eligible for or what documents you'd need in order to apply for them, reach out to the Social Security Administration. It may be able to help you gather the information you need so you can get your benefits more quickly.

 

This article was written by Kailey Hagen from The Motley Fool and was legally licensed through the Industry Dive Content Marketplace. Please direct all licensing questions to legal@industrydive.com.

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