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Should you’re among the many tons of of hundreds of {couples} who get divorced annually, it’s possible you’ll be questioning for those who’ll be eligible to gather Social Safety spousal advantages based mostly in your ex’s work historical past.

The reply: It relies upon.

“There are similarities and variations within the eligibility guidelines for advantages for normal spouses and advantages for divorced spouses,” says Kurt Czarnowski, director of Czarnowski Consulting, a retirement planning agency.

However first, the foundations.

You, the ex-spouse, can obtain advantages based mostly in your ex’s document (even you probably have remarried) if:

  • Their marriage lasted 10 years or extra.

  • You aren’t married.

  • You’re 62 years of age or older.

  • The profit you might be entitled to obtain based mostly by yourself work is lower than the spousal profit you’d obtain based mostly in your former partner’s work.

  • You’re entitled to Social Safety retirement or incapacity advantages.

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Additionally price realizing: In case your ex hasn’t filed for retirement advantages, however could qualify for them, you’ll be able to obtain advantages on the ex’s document for those who’ve been divorced for at the very least two steady years.

And, for those who’re eligible for retirement advantages by yourself document, Social Safety pays that quantity first. But when your ex’s profit based mostly in your document is larger, you will get an extra quantity in your document in order that the mix of advantages equals that larger quantity.

Social Safety Advantages

As for the variations and similarities between advantages for normal spouses and advantages for divorced spouses, Czarnowski says the most important similarity comes from eliminating the outdated “declare some now; declare extra later” technique.

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Spousal advantages and full retirement age

Underneath that technique, somebody who had reached full retirement age had the choice to say a partner or divorced partner profit and defer gathering their very own retirement profit till a later time, Czarnowski says.

Now, anybody born on or after January 2, 1954 not has that choice and should all the time take their very own retirement profit first.

The Social Safety Administration will as we speak evaluate the quantity of the individual’s full retirement age to 50% of the quantity of the complete retirement age of the partner or former partner, and if the quantity of the individual’s full retirement age exceeds the 50% of the opposite, then the individual will get paid solely based mostly on their very own work document, Czarnowski says.

Advantages for spouses vs. divorced spouses

Different eligibility guidelines are mainly the identical. However there are, nevertheless, a few notable variations between eligibility for spousal advantages and divorced spouses, probably the most important being the size of the wedding requirement, Czarnowski says.

“To ensure that divorced spousal advantages to be paid, the wedding should have lasted at the very least 10 years, whereas just one 12 months of the wedding should have handed earlier than spousal advantages will be paid,” it says.

The opposite large distinction is that spousal advantages can’t be paid except the opposite companion is gathering their very own retirement profit.

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If you're among the hundreds of thousands of couples who get divorced each year, you may be wondering if you'll be eligible to collect Social Security spousal benefits on your ex's work record.

Should you’re among the many tons of of hundreds of {couples} who get divorced annually, it’s possible you’ll be questioning for those who’ll be eligible to gather Social Safety spousal advantages based mostly in your ex’s work historical past.

“Nonetheless, with advantages for divorced spouses, funds will be made even when the ex has not but began gathering, so long as each people are over the age of 62 and the divorce has been ultimate for at the very least two years,” he says.

Czarnowski says it is necessary to tell apart between advantages for a “divorced partner,” which means the ex remains to be alive, and advantages for what the Social Safety Act calls a “surviving divorced partner,” which means the ex is deceased. .

“Now, in each instances, the wedding should have lasted at the very least 10 years for advantages to be paid,” he says. “However to gather as a divorced partner, the individual can’t be married,” and if she remarries she instantly loses eligibility, she provides. “Nonetheless, if somebody is gathering as a surviving divorced partner and remarries, they lose eligibility so long as (they had been) over 60 on the time of the wedding.”

The cost fee for a surviving divorced partner is identical as with common survivor advantages. “

Because of this the individual might be eligible to gather 100% of the quantity the deceased ex-spouse was gathering on the time of their loss of life, or would have been gathering if that they had began receiving advantages the month of their loss of life,” says Czarnowski. “And, as with common survivor advantages, a surviving divorced partner has the choice to sequence the billing—in different phrases, invoice one account after which change to the opposite at a later date.”

Now, that is completely different from advantages for spouses or divorced spouses, the place the individual ought to all the time take their very own profit first, Czarnowski says. However what isn’t completely different is that the individual collects one quantity or the opposite on the similar time, not each on the similar time.

One ultimate similarity, Czarnowski says, is that the complete retirement age is identical for a survivor as it’s for a surviving divorced partner, however the full retirement age could also be completely different than the age for retirement advantages, Czarnowski says.

Robert Powell is the writer and writer of Retirement Every day at TheStreet. Observe him on Twitter at @retirementpedia. E-mail your cash inquiries to [email protected]

This text initially appeared on USA TODAY: Social Safety Eligibility for Divorced Spousal Advantages


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