Social security benefits provide support for retirees to help them enjoy their retirement. While many people know about Social Security retirement benefits, fewer realize how these benefits can extend to spouses and ex-spouses. Whether you’ve spent years working outside the home or supporting your family in other ways, Social Security spousal benefits ensure that you and your loved ones have a more secure financial future.
How Does Social Security Spousal Benefits Work?
Social Security spousal benefits for ex-spouses operate under specific rules designed to provide financial support to individuals who were married for at least 10 years and subsequently divorced. There are several eligibility requirements for obtaining these benefits, including:
- Age Requirement – You must be at least age 62 to claim Social Security benefits based on an ex-spouse’s record. If you claim benefits before your full retirement age (FRA), you’ll only be able to receive a reduced benefit amount.
- Current Martial Status – You must be unmarried to claim benefits on an ex-spouse’s record. If you remarry, you generally cannot claim benefits on your former spouse’s record unless your subsequent marriage ends either by death, divorce, or annulment.
- Ex-Spouse Eligibility – For Social Security retirement, your ex-spouse must be eligible for benefits. They do not need to have started receiving their benefits for you to claim spousal benefits, provided you have been divorced for at least two years.
- Duration of Marriage – To qualify for Social Security spousal benefits based on your ex-spouse’s record, your marriage to the ex-spouse must have lasted at least 10 years. This 10-year duration is an essential criterion. If your marriage lasted less than 10 years, you do not qualify for spousal benefits from their record.
Calculating Spousal Benefits
To effectively plan for and calculate spousal benefits, you’ll need to consider the following:
- Benefit Amount – You can receive up to 50% of your ex-spouse’s full retirement age (FRA) benefit. This calculation bases the percentage on the amount your ex-spouse would receive at their full retirement age (FRA), not on the amount they might receive if they choose to delay or take early retirement.
- Impact of Timing – If you claim spousal benefits before reaching your Full Retirement Age (FRA), your benefit amount will undergo a permanent reduction. This reduction depends on how many months before your FRA you begin to receive benefits.
- Coordination with Own Benefits – If you are eligible for your own Social Security and spousal benefits, you will receive the higher amount, not both simultaneously.
- Multiple Ex-Spouses – If you have married different individuals for at least 10 years each, you can choose to claim benefits based on the record of the ex-spouse that offers the benefit higher. However, you cannot claim benefits on both records simultaneously.
Can I Get Spousal Support after Divorce?
It is possible to receive both spousal support (alimony) and Social Security spousal benefits simultaneously, though each type of support serves different purposes and comes from various sources. Critical differences include:
- Payment Source – Alimony is a financial payment from one spouse to another as part of a divorce settlement or court order. The Social Security Administration (SSA) issues spousal benefits payments.
- Age Requirements – You must be at least 62 to qualify for Social Security spousal benefits, whereas there is no age requirement for receiving spousal support.
- Payment Amount – The maximum amount of Social Security spousal benefits an ex-spouse can receive is 50% of the primary worker’s benefit amount, and seeking benefits before an individual’s full retirement age can impact the benefit amount. For spousal support agreements, several factors, such as marriage duration, the income of both spouses, and each spouse’s ability to work, play a role in determining the payment amount.
How to File for Social Security Spousal Benefits after Divorce
Filing for Social Security spousal benefits is a time-consuming process involving several steps, including:
- Understanding Eligibility Requirements—Determine if you qualify for Social Security spousal benefits. This includes meeting the age and marriage duration requirements.
- Collecting Required Documentation—To file for benefits, you must provide the necessary paperwork to prove your identity and marriage, including your marriage certificate, divorce decree, and ex-spouse’s Social Security numbers (SSNs).
- Filing for Benefits – You must apply through the SSA to claim Social Security spousal benefits after divorce.
- Timing of Application – Based on age and marital status, you can apply for spousal benefits as soon as you are eligible. To avoid delays in receiving benefits, you should use them as early as possible once you meet the eligibility criteria.
Contact a Social Security Attorney
At Higdon, Hardy & Zuflacht, L.L.P., our San Antonio spousal support attorneys excel at helping San Antonio families understand and maximize their Social Security spousal benefits. Whether you’re planning for retirement, dealing with divorce, or have questions about your case, our experienced family law attorneys are here to guide you at every step. All the partners at our firm are board-certified in family law and are ready to help. Contact us online or call us today at (210) 349-9933.
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