Will Your Ex Receive Your Social Security Benefits After Divorce?
If you were in a marriage that lasted at least 10 years, it's likely that even after divorce, your ex will be eligible to receive Social Security benefits based on your working record. A Social Security attorney can give you more information about the terms of this eligibility and whether you need to worry about it.
How Might Your Ex Qualify?
Your ex-spouse can only claim Social Security benefits if the following is true:
- The two of you were married for at least 10 years.
- Your ex is at least 62 years old.
- Your ex has not remarried. Whether you have remarried will not affect your ex's eligibility.
- Your work history makes you eligible to claim benefits, even if you have not started claiming them yet.
If they meet the above criteria, your spouse can file a claim based on your work record. The Social Security Administration looks at your past 35 years of work history, including your income and inflation, to determine your average monthly wages, and then benefits are calculated based on that number. Your ex will be entitled to 50% of your monthly benefit amount. If you want help estimating your monthly benefit, ask an SSI attorney for guidance.
Will Your Benefits Be Reduced?
Although your ex is entitled to 50% of your benefit amount, that doesn't mean your benefits will be reduced. They will receive a separate benefits check from the Social Security Administration. Whether you've already started claiming your Social Security benefits or not, your ex can begin receiving partial benefits at age 62. However, they will receive more funds if they wait until they reach full retirement age, which is 66 or 67 depending on the year they were born.
Will They Receive Their Own Benefits?
Your ex is entitled to up to 50% of your benefit, but they have to claim their own benefits first depending on their own work history. If your ex held a job for the majority of your marriage and made more money than you, their Social Security benefits would be based on their own earnings. If they earned less than you, their benefits would be paid out first, and then they could claim additional funds to equal 50% of your benefit amount.
For example, if your benefit is $1,000 per month, your ex is entitled to receive $500 per month. If their own work history lets them claim $300 per month, then they could receive an extra $200 by claiming your benefit to equal a total of $500 per month.
Eligibility requirements for Social Security benefits and the amount you're entitled to can be confusing, so you may want to consult an SSI attorney about what you can claim.