Marriage comes with several financial benefits, including more favorable tax treatment for some and the option to claim a spousal Social Security benefit, even if you've never worked. Many of these benefits go away if the couple later splits up, but spousal Social Security could still be on the table.
If you've recently gotten divorced, here's what you need to know about ex-spousal Social Security benefits so you can start planning for your new future.
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1. Who qualifies
Married individuals automatically qualify for spousal Social Security benefits if they're married to a qualifying worker for at least one year. Divorced individuals may qualify on their former spouse's work record as long as they were married to the person for at least 10 years and have not remarried. Your ex remarrying will not affect your eligibility for benefits, nor will you claiming ex-spousal benefits prohibit their new partner from receiving their own spousal benefit.
As with Social Security retirement benefits, you will need to be at least 62 years old in order to apply. If your ex is already claiming, you can apply for Social Security spousal benefits immediately. But if they haven't signed up yet, you must wait until you've been divorced for at least two years.
2. How much you'll get
Your maximum Social Security spousal benefit is one-half of what your ex is entitled to at their full retirement age (FRA). This is 66 to 67, depending on their birth year. If you want to claim this amount, you must delay your application until your own FRA.
Claiming before your FRA shrinks your checks by 25/36 of 1% per month for up to 36 months, and you lose an additional 5/12 of 1% per month if you apply more than 36 months early. That means those who apply immediately at 62 could shrink their checks by up to 35%. This reduction is permanent and could lead to you collecting less in total benefits over your lifetime.
Unlike Social Security retirement benefits, there's no incentive to delay claiming spousal benefits past your FRA. Your checks won't grow any more after this point, so make sure you sign up no later than 66 to 67 years old.
One thing to note if you also qualify for a retirement benefit: The Social Security Administration automatically pays you the larger of your own benefit or your spousal benefit. You don't get both. So if your own retirement benefit is larger than the spousal benefit you could get on your ex's record, you'll receive the former.
3. How to apply
To apply for Social Security spousal benefits, you'll need to gather some information on yourself and your ex. This includes:
- Your full name, birth date, and Social Security number
- Your ex's full name, birth date, and Social Security number
- The dates of your marriage and divorce
- Details of your employment history, if any, from the last few years
If you're missing key information, contact the Social Security Administration. It should be able to help you track those details down.
You can apply for Social Security benefits online if you're within three months of turning 62. Or you can contact the Social Security Administration by phone or by visiting your local Social Security office. You don't need an appointment, but making one could reduce your waiting time.
It's best to speak to a Social Security representative if you have any questions about your specific situation. Even if you're not ready to claim yet, understanding your options can help you better plan for your retirement finances.
