DIVORCED SPOUSE
If a couple was married for at least 10 years and then divorces, either one of the spouses may qualify for Social Security benefits at age 62 under the other’s work history. Even if the higher-earning ex-spouse has not applied for benefits yet, as long as he or she is eligible for them and the couple has been divorced for at least two years, the other ex-spouse can still receive benefits. Once an ex-spouse remarries, he or she is no longer eligible to receive a benefit based on the first spouse’s work history unless the second (third, fourth, etc.) marriage ends in divorce, annulment or death. You are eligible for the highest derivative available from any number of ex-spouses as long as each marriage lasted at least 10 years and you are not currently married. Divorced spouses who were born before Jan. 2, 1954, and have reached full retirement age can choose to receive only the former spouse’s benefit while delaying their own benefit until later. However, those born on Jan. 2, 1954, or later, do not have that option. If they file for one benefit, that means they have filed for all retirement or spousal benefits. WIDOWED SPOUSE Among married couples, the age at which the higher-earning spouse applies for Social Security benefits is very important, since the surviving spouse is entitled to the higher of his or her own or the deceased spouse’s benefit. The higher earner can increase the survivor’s benefit by waiting to receive any benefits until age 70. If the higher-earning spouse dies, the widow(er) is entitled to the higher earner’s full retirement benefit and may begin receiving benefits starting at age 60 (or at any age if he or she has a dependent who is under age 16 or disabled). Should the widow(er) remarry prior to reaching age 60 (or age 50 if the widow(er) is disabled), the Social Security benefit for the widow(er) will terminate, but the benefit for the eligible child will not A surviving spouse may also claim a reduced benefit on the deceased’s working record and then switch to his or her own later. The surviving spouse may wait until full retirement age or delay benefits until age 70 to accrue DRCs based on his or her own work history. Once the survivor applies for his or her own benefit, the payout will automatically be at the highest amount.
11 Social Security Administration. “Retirement Planner: If You Are Divorced.” https://www.ssa.gov/planners/retire/divspouse.html. Accessed Feb. 29, 2020. 12 Social Security Administration. “Benefits Planner: Survivors — If You Are the Survivor.” https://www.ssa.gov/planners/survivors/ifyou.html. Accessed Feb. 29, 2020.
:7: This document is designed to provide general information on the subjects covered. It is not, however, intended to provide specific legal or tax advice and cannot be used to avoid tax penalties or to promote, market or recommend any tax plan or arrangement. Individuals are encouraged to consult with a qualified professional before making any decisions about their personal situation. This content is not endorsed by the Social Security Administration, and our firm is not affiliated with the United States government or any other governmental agency. This document is designed to provide general information on the subjects covered. It is not, however, intended to provide specific legal or tax advice and cannot be used to avoid tax penalties or to promote, market or recommend any tax plan or arrangement. Individuals are encouraged to consult with a qualified professional before making any decisions about their personal situation. This content is not endorsed by the Social Security Administration, and our firm is not affiliated with the United States government or any other governmental agency.
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