Social Security Benefits

A divorced spouse may be eligible to collect Social Security retirement benefits based on the work record of his or her ex-spouse, as long as he or she:

• is sixty-two or older
• is unmarried
• was married to the worker for at least ten years and
• is not entitled to benefits on own or other account, which exceed one-half the wage earner’s primary benefit amount.

The wage-earning spouse doesn’t have to be retired and actually drawing benefits; he or she just has to be eligible for retirement benefits.

The impact of divorce on Social Security retirement benefits is very different from its impact on pension benefits. A worker with a pension is eligible for a certain amount of money in benefits. If a court orders these benefits split between the parties, the worker’s share will go down. With Social Security retirement benefits, on the other hand, the fact that a divorced spouse is eligible for Social Security retirement benefits has no effect on the amount the worker is entitled to. The worker will collect the same amount, whether he has no eligible spouse or ex-spouse or whether he has four ex-spouses all eligible to collect based on his work record.

That’s one reason why establishing eligibility for a divorced spouse is normally not difficult. It doesn’t require a court appearance or even notification to the worker. It simply requires presenting the appropriate documentation to the Social Security Administration. Documentation would normally include proof of

• identity
• each party’s age
• marriage and  
• divorce (the divorce must be final; the legal action cannot be a separation or an annulment.)

Generally, original documents are best, but certified copies will be acceptable.

A divorced spouse also may be eligible for benefits on the account of a deceased wage earner if the wage earner was eligible for benefits. Requirements are similar to those outlined above, except that the surviving divorced spouse must be at least sixty (or at least fifty and disabled or be caring for a child who is also eligible to receive benefits on the deceased wage earner’s account). The surviving divorced spouse can remarry after age sixty (age fifty if disabled). The amount of the benefit is approximately equal to the wage earner’s primary benefit amount. As with retirement benefits, more than one person can collect. Applicants will need the documents outlined above, along with proof of the wage-earner’s death and, if applicable, of their own disability.