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divorced spousal benefits

Q&A: Can I collect my ex-spouse’s Social Security survivor benefit if he remarries?

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Dear Liz: I was married 37 years. I claimed Social Security at 62 because I needed the monthly income. I learned too late that if I had waited a few more years, my payment would have been much better. They did tell me that if my ex died before me, I would be entitled to have my amount increased to what he was collecting. He probably will die before me due to some serious health problems. He has since remarried to a widow who is receiving Social Security. Does she become the one who collects my ex’s monthly amount if he dies before her, which would mean she would be collecting two checks a month? And I would lose my ability to have my amount increased? I just want to be prepared for what I can expect when/if he departs before me.

Answer: When people qualify for multiple benefits from Social Security, they get the largest of the amounts available to them. So if your ex’s wife is currently receiving her own or a survivor’s benefit and your ex’s benefit is bigger, she would get this larger check as her survivor’s benefit after his death. She wouldn’t be able to collect on two husbands’ earnings records at the same time.

And what she gets doesn’t affect what you get. Since your marriage lasted at least 10 years, you should be eligible for a divorced survivor benefit of up to 100% of your ex’s benefit. Your survivor benefit would only be reduced if you started it before your own full retirement age.

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Q&A: Could my husband’s ex claim his Social Security?

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Dear Liz: My question is regarding spousal Social Security. My husband and I have been married for close to 20 years. My husband’s first wife has never remarried. Could she be claiming my husband’s Social Security? If so, without us knowing it? And, how will that affect my Social Security when that time comes? Should mine be less than my husband’s, will I be able to claim my husband’s Social Security?

Answer: Strictly speaking, no one can claim anyone else’s Social Security. But someone can claim benefits based on the earnings record of a spouse or a former spouse under certain circumstances.

Specifically, your husband’s ex could claim a divorced spousal benefit based on your husband’s record, if that amount was greater than her own retirement benefit and the marriage lasted at least 10 years. She could receive up to half the amount he had earned as of his full retirement age. He does not need to be receiving his own benefit for her to receive a divorced spousal benefit, as long as he’s at least 62. He typically would not be notified that she had applied.

Claiming such a benefit doesn’t affect the amount your husband gets or that you might be entitled to. Your spousal benefit would also be up to 50% of the amount your husband had earned as of his full retirement age. For you to get a spousal benefit, however, your husband must have applied for his own benefit.

Q&A: Three marriages, but only one Social Security benefit

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Dear Liz: I was married for 10 years before divorcing. My second marriage also ended in divorce. I married for the third time and was widowed. I am collecting a survivor benefit. Am I also entitled to receive a benefit from my first marriage of 10 years? My first husband is still living.

Answer: Social Security is basically “either/or,” not “and.” If you qualify for two benefits, you typically get the larger check — not both.

Since you are currently unmarried, your ex is still living and your first marriage lasted 10 years, you may be eligible for a divorced spousal benefit. That can be up to 50% of your first husband’s benefit at his full retirement age.

You would only receive that benefit, however, if it were larger than the survivor benefit you’re currently receiving. Survivor benefits are up to 100% of the late worker’s check, so your first divorced spousal benefit would have to be substantially larger than what your late husband received to make a switch. You can call Social Security at (800) 772-1213 to inquire.

Q&A: A divorced couple considers retying the knot to maximize Social Security payments

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Dear Liz: I was married for 33 years and divorced 4 years ago. We have reconciled and are now back living together as a couple, but have not remarried. I’m 68, and my former spouse is 63. Neither of us is drawing Social Security, but we are now considering applying. Will she be able to draw more if we were to get remarried? It seems as if half of my payment will be more than what she’d get on her own. Also, when should I start drawing my benefit to maximize the payment?

Answer: Let’s start with the simpler of the two answers. Your benefit maxes out at age 70, so waiting until then to apply is usually the right strategy. Maximizing your check also maximizes the survivor benefit, or divorced survivor benefit, your partner might eventually receive.

The amount your partner would get as a spouse or a divorced spouse would be the same: up to 50% of your benefit at your full retirement age, assuming that amount is greater than her own benefit. To qualify for a divorced spousal benefit, the marriage must have lasted at least 10 years and two years must have passed since the divorce.

There’s one crucial difference between spousal and divorced spousal benefits, however. If you remarry one another, she will have to wait for you to apply for Social Security before she can qualify for a spousal benefit. If you don’t remarry, she doesn’t have to wait. A divorced spousal benefit can start as early as age 62, as long as the ex-spouse is also at least 62.

That doesn’t mean your partner should rush out to apply. Applying early — before her full retirement age of 67 — means settling for a smaller check.

Q&A: In a divorce, are Social Security benefits on the table?

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Dear Liz: Twenty years ago, after 14 years of marriage, a friend divorced her husband. She says that as part of her divorce settlement, she signed a document agreeing not to collect divorced spousal benefits from Social Security. Is that even legal? She’s in her 60s and fears she can never retire because her own Social Security won’t be enough to live on.

Answer: Your friend may well have signed such an agreement, but it doesn’t matter. Federal law — specifically Section 407(a) of the Social Security Act — forbids including Social Security benefits as part of a divorce settlement. In a fact sheet titled “5 Things Every Woman Should Know About Social Security,” the agency notes that some women have signed divorce decrees giving up their rights to divorced spousal benefits, but says such clauses “are worthless and never enforced.”

So if she’s entitled to a bigger benefit from her ex’s record than from her own, she can claim it.

A divorced spousal benefit doesn’t decrease the ex’s benefit, or the benefit of any of the ex’s subsequent spouses. Trying to prevent someone from claiming a divorced spousal benefit is mean-spirited as well as pointless.

Q&A: An ex-husband is delaying his Social Security benefits. Must she wait, too?

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Dear Liz: I read your column about divorced spousal benefits for Social Security. I was divorced as of Jan. 1. My ex-husband will be 65 next year and wants to delay benefits until he’s 67. Must I wait to get spousal benefits until then because of his decision? I also will be 65 next year. We were married 36 years.

Answer: If you were still married, you would have to wait until your husband applied for Social Security before you would be eligible for spousal benefits. Since you’re divorced, you only have to wait until he qualifies to file for retirement benefits to file. (He qualified when he turned 62.)

That doesn’t mean you should rush to file, however. Starting benefits before your own full retirement age means accepting a permanently reduced check. Your benefit also would be subject to the earnings test, which withholds $1 of your benefit for every $2 you earn over a certain limit, which in 2024 is $22,320.

Waiting until full retirement age means both the reduction and the earnings test would disappear. If you were born in 1960, your full retirement age is 67.