How the Social Security Administration Handles Dual Eligibility
It is a common misconception that individuals can receive both their own Social Security benefit and a divorced spouse benefit simultaneously, sometimes referred to as “double-dipping”. In reality, the Social Security Administration (SSA) will calculate your eligibility based on your own earnings and the amount you could receive as a divorced spouse (which is up to 50% of your ex-spouse's primary insurance amount). You will then be paid the higher of these two calculated amounts. This applies to both living and deceased ex-spouses, though survivor benefit calculations differ.
Key Requirements for Collecting Divorced Spousal Benefits
Eligibility for divorced spousal benefits depends on meeting several specific criteria:
- Marriage Duration: The marriage must have lasted at least 10 years.
- Marital Status: You must be currently unmarried, unless you are applying for survivor benefits and remarried after age 60 (or 50 if disabled).
- Age: You must be at least 62 years old.
- Benefit Comparison: Your own Social Security benefit must be lower than the benefit you would receive based on your ex-spouse's record.
- Ex-Spouse Eligibility: Your ex-spouse must be eligible for Social Security retirement or disability benefits, even if they are not currently collecting them.
- Divorce Period: If your ex-spouse has not yet filed for their benefits, you must have been divorced for at least two years to claim benefits on their record.
The "File and Suspend" Loophole (Now Eliminated)
A strategy called "file and suspend" previously allowed some individuals to claim a spousal benefit while their own retirement benefit continued to grow. This option was eliminated for those born on or after January 2, 1954, by the Bipartisan Budget Act of 2015. Now, filing for any Social Security benefit means you are filing for all eligible benefits, and the SSA will pay the highest amount. However, surviving divorced spouses still have the flexibility to claim a survivor benefit first and potentially switch to a higher retirement benefit later.
Comparing Your Own vs. Ex-Spouse's Benefits
Understanding the differences between your own and ex-spouse benefits is vital. The table below outlines key distinctions:
| Feature | Your Own Benefit (Based on Earnings Record) | Divorced Spousal Benefit | Survivor Benefit (Deceased Ex-Spouse) |
|---|---|---|---|
| Calculation | Based on your highest 35 years of earnings. | Up to 50% of your ex-spouse's full retirement age benefit. | Up to 100% of your deceased ex-spouse's full retirement age benefit. |
| Effect of Remarriage | Unaffected by your marital status. | Generally ends eligibility, unless remarriage happens after age 60 (or 50 if disabled). | Remarriage after age 60 (or 50 if disabled) does not affect eligibility. |
| Early Claiming | Permanently reduced if claimed before Full Retirement Age (FRA). | Permanently reduced if claimed before FRA. | Permanently reduced if claimed before FRA, but at a higher rate than spousal benefits. |
| Maximum Benefit | Grows by Delayed Retirement Credits up to age 70. | Reaches its maximum at your FRA. Does not increase past this point. | Depends on your age at filing and the deceased's benefit amount. |
| Ex-Spouse's Action | Independent of your ex-spouse's decisions. | Your ex-spouse does not need to be collecting benefits for you to claim, provided you have been divorced for 2 years. | You can file for survivor benefits even if your ex hadn't started collecting. |
How to Apply for Divorced Spouse Benefits
Applying for divorced spousal benefits does not require your ex-spouse's consent or involvement, and they will not be informed by the SSA. You can apply online, by phone, or at a local Social Security office.
To apply, you will typically need several documents:
- Your Social Security number
- Proof of age
- Proof of citizenship or lawful alien status
- Your marriage certificate
- Your final divorce decree
- Your ex-spouse's Social Security number or other identifying information (the SSA can help if you don't have it)
Providing these documents will help the SSA determine your eligibility and ensure you receive the highest benefit amount you are due.
Conclusion
While the answer to "Can I collect ex-spouse Social Security and my own?" is no, the Social Security program ensures you receive the single highest benefit for which you are eligible. This is particularly beneficial for those whose own work history would result in a lower benefit than they could receive based on an ex-spouse's record. By understanding the eligibility criteria, such as the 10-year marriage rule and being unmarried, and following the application process, you can maximize your retirement income. Importantly, claiming benefits on your ex-spouse's record does not impact their benefit amount.
For additional details on eligibility and applying, consult the official Social Security Administration website.
