Are You Going Through a Divorce? You Can Still Collect a Certain Percentage of Social Security Benefits for an Ex-spouse

By Jessa Martin On Jan 22, 2022

Are you going through a divorce? You can still collect Social Security benefits for an ex-spouse if the relationship ends amicably.

According to the United States Census Bureau, the percentage of divorced adults is highest among those between the ages of 55 and 64 years old.

For those of you who are in that age range and are considering a divorce from your partner, you should put off the decision for a time because you may be eligible for social security benefits based on your partner’s employment history. The date of the divorce, on the other hand, continues to be a crucial factor in the outcome.

10 years or more with a partner is considered long-term.

According to the rule, you are only eligible for your former spouse’s benefits if you were married to them for at least ten years at the time of their death. Despite the fact that this is public information, just a minority of Americans are aware of it. According to recent research conducted by MassMutual, just 30% of the population is aware of this advantage.

What you are eligible for as a spousal benefit

It is important to note that the 10-year rule has an impact on spouses because it is only after a decade that a spouse becomes entitled to a spousal benefit, which is worth up to 50% of the retirement income.

In 2022, the maximum social security payout is $3,345, with half of that amount equaling to $1,672 each month. That’s a significant incentive for anyone trying to supplement their income.

Davon Barrett, a financial adviser, frequently advises his clients about a condition that allows them to collect benefits based on their work history or half of the benefits received by their spouse, whichever is the greater of the two amounts.

Intricacies of Social Security Administration

Couples with the same sexual orientation who have been married for over ten years are also eligible for the benefit. Additionally, if your ex-spouse remarries while you are collecting the benefits, you will continue to receive them until they are exhausted.

You will not be entitled to collect benefits based on your ex-job spouse’s records, however, if you remarry after the divorce is finalized. You must be at least 62 years old to be eligible for Social Security retirement or disability benefits, according to the Social Security Administration.

The death of your former spouse makes you eligible for up to 100 percent of the monthly payments that they were receiving before their death. The 10-year rule is still in effect in this situation as well.

Furthermore, if you remarry after reaching the age of 60, you will still be entitled to the survivor benefits of your former husband. You must, however, bring it to the notice of the Social Security Administration in order to get payments.