Am I Entitled to My Ex-Spouse’s Social Security Benefits?
After a divorce, you may be struggling to pay bills and sustain daily life. Things may be especially difficult as you near retirement age. You are older and getting turned down for jobs. Will you ever be able to retire? If your expected Social Security benefits are on the low side, you may be eligible to receive your ex-spouse’s benefits. You may be concerned about this, but keep in mind that they will not know if you do. The Social Security Administration will not inform your ex-spouse. In addition, it will not affect their benefit amount; you will not be taking away any benefits that they earned.
Eligibility for Social Security Benefits
Not all divorced people can claim their ex-spouse’s Social Security benefits. Here are the criteria that need to be met:
- Your ex-spouse is entitled to collect Social Security retirement benefits.
- The marriage lasted at least 10 years.
- You are at least 62 years of age.
- You have not remarried.
You can still claim your ex-spouse’s benefits if they have not claimed them yet. However, the divorce must be finalized for at least two years before you can claim the benefits. If your ex-spouse remarries, you can still receive their benefits. However, you cannot receive their benefits if you have remarried.
If you and your ex-spouse are both entitled to Social Security benefits, you will not receive both. Instead, you will receive the higher benefit amount.
If your ex-spouse is deceased, you may be entitled to survivor benefits. However, different rules apply:
The marriage must have lasted at least 10 years.
You are at least 60 years old (at least 50 if you are disabled), or you are caring for a child from the previous marriage who is under 16 years old.
You are single or you remarried after you turned 60 years old (50 if disabled).
How Much Will I Get?
The average Social Security benefit amount is $20,000 per year, or $1,667 per month. Your ex-spouse’s benefit will vary based on how long they have worked and their salary per year. However, keep in mind that the most you can receive is 50% of their benefit amount. So if your ex-spouse is expected to receive $2,000 per month, the most you can receive is $1,000 per month.
This may be reduced even more, depending on when you take the benefits. If you take the benefits before your full retirement age (between 66 and 67 years old, depending on when you were born), your benefits will be reduced based on the number of months until you reach your full retirement age. You can see how this will affect your benefit amount here.
Contact Us Today
If you have been divorced and are nearing retirement, do not overlook your ex-spouse’s Social Security benefits. Not a lot of people are aware that they can claim these benefits, giving you extra money every month.
Velez Law, PLLC can help you understand what benefits you are entitled to receive after a divorce. Do not leave money on the table. Fill out the online form or click below link to schedule a consultation.
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