By Steve Erfle, CFP®, CDFA™, MBA
Contrary to popular thought, divorce doesn’t automatically mean you lose any claim to your former spouse’s Social Security benefits. The reality is that if you qualify, you may be able to claim Social Security after divorce, and receiving that benefit won’t change the amount your former spouse receives.
Whether you’re a divorcee or you’re going through a separation right now, we recommend taking the time to understand eligibility rules and ways to maximize your benefits.
Rules for Claiming on an Ex-Spouse’s Record
Under current rules, to claim Social Security after divorce, you must be at least 62, and you can’t currently be married. The marriage to your ex-spouse must have lasted at least 10 years.
You don’t need your ex’s cooperation or permission to file. If you do get Social Security, it doesn’t reduce the benefit your ex-spouse or their current spouse receives.
What if you’re ready to claim Social Security, but your ex hasn’t done so yet? As long as you’ve been divorced for at least two years, you’re allowed to file.
How the Benefit Is Calculated & Ways to Maximize What You Receive
When you go to claim Social Security after divorce, you may wonder how much you are eligible for. For divorced spouses, the maximum Social Security benefit is up to 50% of your ex’s full retirement age (FRA) benefit amount. Just like when you claim Social Security on your own record, claiming before your FRA can permanently reduce your benefit.
However, unlike filing on your own record (when delayed credits apply up to age 70), there’s no benefit to waiting past your ex-spouse’s full retirement age to claim Social Security. If your ex-spouse passes away, you might be entitled to up to 100% of their benefit. Remarrying after age 60 won’t disqualify you.
Keep in mind that if you’re eligible to claim Social Security on your record and your ex-spouse’s, the Social Security Administration (SSA) pays your benefit first. If your ex-spouse’s benefit is more, the SSA tops it up to the higher amount. You don’t get both stacked.
Strategic Considerations During Divorce Negotiations
If your divorce isn’t yet finalized, here are some key considerations:
- If your marriage is just shy of 10 years, it might be worthwhile to delay the finalization of the divorce.
- Your divorce financial analysis should look at Social Security benefits along with pensions, retirement accounts, and spousal support.
- If you aren’t sure whether to claim on your own record or your spouse’s, run your own estimate at SSA.gov.
- Depending on other retirement income, Social Security is up to 85% taxable, so coordination with other income sources is a good idea.
If you take the time to develop a clear strategy before claiming Social Security after divorce, you may be able to increase your retirement income later on.
Common Misconceptions About Social Security After Divorce
These are a few common false beliefs surrounding Social Security after divorce:
“The SSA might tell my ex if I claim on their record.”
The SSA won’t notify your former spouse.
“Claiming on my ex’s record reduces what they get.”
It won’t reduce your ex-spouse’s benefit or their current spouse’s benefit.
“I remarried, so I’m out of luck.”
If your subsequent marriage has ended, you might still qualify.
Need Help Navigating Social Security After Divorce?
Social Security planning can be complex enough by itself. But when you’re trying to claim Social Security after divorce, there are even more variables to consider.
At Thrive Wealth Management, LLC, we’re committed to building personalized financial plans for each of our clients. We take a holistic approach that centers on listening first. As an independent, fee-based firm, your best interests are our top priority.
If you have questions about Social Security after divorce, contact us to see how we may be able to assist. To schedule a meeting, call (215) 376-5530 or email steve@thrivewealth.com.
Frequently Asked Questions
How can I qualify for Social Security after divorce on an ex-spouse’s record?
To claim Social Security after divorce under current rules, you must meet four primary criteria: your marriage must have lasted at least 10 years, you must be at least 62 years old, you must currently be unmarried, and your ex-spouse must be eligible for retirement or disability benefits. At Thrive Wealth Management, we remind clients that you don’t need your ex’s permission to file, and as long as you have been divorced for at least two years, you can claim even if they haven’t started their own benefits yet.
Will claiming Social Security after divorce reduce my ex-spouse’s benefit?
No, claiming Social Security after divorce on a former spouse’s record has absolutely no impact on the amount they or their current spouse receives. The Social Security Administration (SSA) does not notify your ex-spouse when you file, and your benefit is calculated independently based on their earnings history. This is a common misconception that often prevents divorcees from accessing the financial support they are legally entitled to receive.
How much can I receive from Social Security after divorce?
The maximum benefit you can receive as a divorced spouse is 50% of your ex’s full retirement age (FRA) amount. If you are eligible for benefits on both your own record and your ex’s, the SSA pays your benefit first and then “tops it up” if the spousal amount is higher. Keep in mind that while your own benefits can grow if you wait until age 70, spousal benefits do not increase after you reach your full retirement age.
About Steve
Steve Erfle, CFP®, CDFA™, is a Co-Founder and Managing Partner at Thrive Wealth Management, where he leverages over 15 years of experience to provide comprehensive financial planning and divorce consulting for a fair fee. With an MBA in finance and a background at firms like SEI Investments, he specializes in helping high-net-worth clients move from confusion to confidence through integrated tax, estate, and investment strategies.
Disclosure:
This material is provided for informational and educational purposes only, should not be viewed as an exhaustive discussion of the topics presented, and should not be construed as individualized advice for any reader’s personal circumstances. For guidance on how these matters may impact your financial plan or investment portfolio, please contact your Thrive Wealth Management, LLC representative. While the information presented is believed to be factual and up to date, Thrive Wealth Management, LLC does not guarantee its accuracy and, due to various factors, including but not limited to changing laws and regulations, this information is subject to change. All expressions of opinion reflect the judgment of the authors as of the date of publication. Thrive Wealth Management, LLC is not a law firm or an accounting firm, and no content contained herein should be construed as legal or accounting advice. Please consult with the qualified professional(s) of your choosing for legal and accounting advice.
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