Ask the Expert: Spouses, ex-spouses and Social Security
I know that my spouse can collect a Social Security benefit based on my work record. Apparently, it's also possible for a divorced person to collect the same Social Security benefit based on their former spouse's work record. Are the rules the same for spouses and ex-spouses?
No. They're similar, but not the same.
Let’s start with married couples. To qualify for a benefit based on your spouse's work record: 1) you must have been married at least one year; 2) you must be at least 62 years old; 3) your spouse must already have applied for Social Security; 4) your benefit based on your spouse's earnings must be bigger than the one based on your own work record. If you qualify for both, you get an amount equal to the larger of the two.
If you’re divorced, you’re eligible a benefit based on your former spouse's work record if: 1) at least two years have passed since your divorce; 2) your marriage lasted at least 10 years; 3) you haven't remarried; 4) you and your ex are both eligible to file for Social Security, meaning you're either at least 62 years old or disabled (your ex doesn't have to have filed for Social Security; he or she merely needs to be eligible to apply); 5) your benefit based on your ex's record must be bigger than the one based on your own record.
The most you can collect based on a living spouse or former spouse's record is 50% of his or her full retirement benefit.
And in case you're wondering — no, your ex’s benefit based on your earnings record won’t have any impact on your current spouse’s benefit.
The bottom line
Divorced people can sometimes collect Social Security benefits based on their ex-spouses' earnings.
