Can I Get Social Security Benefits from My Ex-Spouse Even If It’s Not in My Divorce Decree?
Here’s some good news about your divorce. If you were married to your ex-spouse for ten years before your divorce became final, you are entitled to Social Security benefits based on your spouse’s earnings by operation of federal law.
That means it doesn’t have to be addressed in your divorce papers to be effective. Those benefits are called “derivative benefits,” and they equal one-half of your ex-spouse’s benefits. You may apply to the Social Security Administration for derivative benefits on your ex’s earnings record if you:
- Both you and your ex-spouse are at least 62 years old
- Aren’t remarried
- Would receive less Social Security without the derivative benefits on your own
Don’t worry if your ex threatens to keep working in order to thwart your ability to claim benefits against their record. These are empty threats. It isn’t necessary for your ex-spouse to retire for you to begin collecting.
How Derivative Benefits Work
Here’s another piece of good news. Unlike other pensions, the derivative Social Security benefits you receive will be based on your ex-spouse’s entire earnings record, not just their earnings during the time you were married.
The Social Security benefits you receive won’t reduce the amount your ex receives. If your ex is remarried, it won’t reduce what their current spouse is entitled to receive. And if your ex has a new family, it won’t reduce the amount their young children receive either.
You can only receive one Social Security check, so if your own earnings record entitles you to more money than the derivative benefits, you’ll collect benefits based on the highest amount to which you are entitled.
If you have more than one ex-spouse, and you were married to each of them for ten years or longer, you’ll collect whichever earnings record gives you the higher benefits.
As of January 2024, if you or your spouse were an employee with a pension who didn’t pay Social Security taxes (usually government or public workers) but also qualified for Social Security, your Social Security benefits will no longer be reduced by your pension. Previously, earning certain pensions would reduce Social Security benefits, but these reductions (known as the Government Pension Offset and Windfall Elimination Provision) have been eliminated.
I hope this explanation thoroughly answered your question. Have more questions about the financial fallout of divorce? Browse through our helpful divorce article archive just for women and consider signing up for a Second Saturday Divorce Workshop. These workshops bring in divorce experts to answer your most pressing divorce questions and to help you prepare for this life-changing transition.
