Eligibility Requirements for Divorced Spouse Benefits
To determine if you qualify to collect Social Security on your ex-husband's record, you must meet several criteria set forth by the Social Security Administration (SSA).
Key Requirements
- Your marriage must have lasted for a minimum of 10 years. If you were married multiple times for at least 10 years each, you can choose the higher benefit from one ex-spouse but not combine them.
- You must be currently unmarried. Remarriage generally prevents collection unless that marriage ends.
- You must be at least 62 years old. Collecting before your full retirement age (FRA) will result in a permanent reduction.
- Your ex-husband must be eligible for Social Security retirement or disability benefits. He does not need to have filed, but if he hasn't, you must have been divorced for at least two years to collect.
How Benefits are Calculated and Paid
The SSA determines your benefit based on your own earnings record and your ex-husband's record, and you will receive the higher of the two amounts. You do not receive both.
Benefit Amount
A divorced spouse is typically entitled to a benefit equal to 50% of the ex-spouse's full retirement benefit at your full retirement age. Starting benefits early permanently reduces this amount. Your collecting does not impact your ex-husband's benefit or his new spouse's.
Special Situations for Divorced Spouse Benefits
Surviving Divorced Spouse Benefits
If your ex-husband dies, you may be eligible for a surviving divorced spouse's benefit, which can be up to 100% of his full retirement benefit. You can collect survivor benefits as early as age 60, or 50 if disabled. Remarrying after age 60 does not affect survivor benefit eligibility.
Application Process Note
The file-and-suspend strategy for maximizing spousal benefits was largely eliminated for those who turned 62 on or after January 2, 2016. Now, a single application activates all eligible benefits, and the SSA pays the highest amount automatically.
How to Apply for Benefits
Applying can be done online, by phone, or at an SSA office.
Information needed to apply typically includes:
- Your and your ex-spouse's Social Security numbers and birth dates.
- Dates of marriage and divorce.
- Location of marriage.
- Bank information for direct deposit.
Key Points on Application:
- The SSA does not inform your ex-spouse that you have filed.
- Any clause in a divorce decree attempting to waive your right to Social Security benefits is invalid if the marriage met the 10-year rule.
Comparison of Standard vs. Divorced Spousal Benefits
| Feature | Standard Spousal Benefits | Divorced Spousal Benefits |
|---|---|---|
| Marital Status | Must be currently married to the worker. | Must be currently unmarried. Remarriage after age 60 (or 50 if disabled and receiving survivor benefits) is permitted. |
| Duration of Marriage | One-year marriage rule applies (exceptions exist for parents and other specific situations). | Must have been married for a minimum of 10 years. |
| Worker Status | Worker must be collecting benefits. | Worker must be eligible (age 62+), but does not need to be collecting, if divorced for 2+ years. |
| Impact on Worker's Benefit | Does not affect the worker's benefit amount. | Does not affect the ex-worker's benefit amount. |
| Amount at FRA | Up to 50% of the worker's full retirement benefit. | Up to 50% of the ex-worker's full retirement benefit. |
| Survivor Benefit | Eligible for up to 100% of the worker's benefit upon death. | Eligible for up to 100% of the ex-worker's benefit upon death (survivor rules apply). |
Conclusion: Secure Your Retirement Income
Yes, a divorced woman can collect her ex-husband's Social Security if she meets the specific requirements, including the 10-year marriage rule, age, and being currently unmarried. This benefit is an important resource for retirement planning. To understand your specific eligibility and potential benefit amounts, consult the official Social Security Administration website: www.ssa.gov.
How to get started with collecting your benefits
Begin by gathering documents related to your marriage and divorce. You can apply online, by phone, or in person. Using the SSA's benefit calculator can help estimate potential payments. Contacting the SSA directly is recommended for personalized guidance.
