Under certain circumstances after a divorce, a former spouse may claim Social Security benefits based upon the contributions of the other former spouse. This article summarizes the rules that apply to those benefits. For a more complete explanation of the rules or to learn of your particular rights regarding your former spouse’s Social Security benefits, consult an attorney or certified public accountant or contact the Social Security Administration at www.ssa.gov.
In the discussion below, I will use the term “contributing
spouse” to refer to the spouse that contributed to Social Security and
the term “claimant spouse” to refer to the spouse that is making
a claim.
A divorced spouse can receive Social Security benefits based either
upon his or her own contributions to the Social Security system or upon the
contributions of the contributing spouse. To be eligible to collect Social
Security benefits from the contributing spouse, the claimant spouse must fall
into one of the following categories:
The contributing spouse does not need to be receiving benefits in order for the claimant spouse to receive benefits. Provided that the contributing spouse is alive, the claimant spouse may receive benefits that are equal to half of the benefits of the contributing spouse. If the contributing spouse has not applied for benefits, but can qualify and is at least 62 or older, the claimant spouse must have been divorced for at least two years. The two year waiting period does not apply if the contributing spouse was already receiving benefits before the divorce. If the claimant spouse remarries, he or she will not be eligible for benefits. If the remarriage terminates, whether by death, divorce, or annulment, the claimant spouse can once again collect benefits based upon the contributing spouse.
If the contributing spouse is deceased, the claimant spouse shall receive 100 percent of the contributing spouse’s benefit. If the contributing spouse had been married more than once, there can be more than one claimant spouse. There is no limitation upon the number of claimant spouses who can receive benefits on the deceased contributing spouse’s benefits. The requirement of a 10 year marriage does not apply if the divorced claimant spouse is caring for a child of the contributing beneficiary and the child is under the age of 16.
The claimant spouse can not receive survivor’s benefits if he or she remarries before the age of 60, unless the latter marriage ends by death, divorce, or annulment. If the claimant spouse remarries after age 60, or 50 if disabled, he or she can still collect benefits based upon the former contributing spouse’s benefits. When the claimant spouse attains the age of 62, he or she may get retirement benefits based upon the record of his or her new spouse if those benefits are greater. The remarriage would not have an effect upon the benefits to which the children of the claimant spouse are entitled.