When couples get divorced after years or even decades of marriage, they will inevitably spend time dividing up their assets. However, not every American who gets a divorce realizes they may still be eligible to receive Social Security benefits based on an ex-spouse’s work history, even after the marital union is dissolved.
Under one little-known rule in Social Security, divorced couples can receive benefits from their ex-spouse’s work record if they were married long enough. For some Americans approaching retirement, knowing about this rule can mean the difference of hundreds, if not thousands of dollars per month in extra Social Security income. Per Yahoo Finance, divorced Americans who were married to their spouse for at least 10 years may be eligible to receive Social Security benefits based on the ex-spouse’s work record.
“A little-known Social Security rule is gaining attention as retirees look for ways to increase benefits amid skyrocketing inflation. Some retirees who were married for at least a decade may be eligible for benefits based on their ex-spouse’s work record.”
By 2030, more than 21 million retirees will have to rely on Social Security, which amounts to roughly $17,500/year.
💰 That’s barely above the federal poverty level of $12,490 https://t.co/KGvKUdmHk4 pic.twitter.com/9L0USmSKnR
— Bloomberg Opinion (@opinion) April 10, 2019
Analysts explain that many retirees could be leaving hundreds of dollars on the table by not taking advantage of this rule. By claiming benefits on an ex-spouse’s record, married couples can increase their overall Social Security income. Reports from 24/7 Wall St. note that couples may be leaving up to $1,200 per month on the table by not understanding the clause:
“The rule is often overlooked, leaving married couples to miss out on around $800 to $1,200 per month in Social Security benefits.”
“A lot of people don’t realize that they can qualify for benefits on an ex-partner’s record,” said Jack VanDerhei, research director at the Economic Policy Institute. “And if they’re eligible, that can mean thousands of dollars of extra income during retirement.”
Who qualifies for Social Security benefits on a former spouse’s record?
Social Security eligibility requirements rule that applicants must have been married to their spouse for at least 10 years. Additionally, both individuals must currently be unmarried, and the person who will file for the ex-spouse’s benefits must be 62 or older. Current retirees will not impact the amount their former spouse will receive from Social Security.
As Social Security is set to be insolvent in 7 years, its future is ‘disturbing’ says economist https://t.co/Izfed6Bom4
— John Solomon (@jsolomonReports) January 23, 2025
Retirees often do not understand that they can receive benefits on an ex-spouse’s record without impacting the amount that their former partner will receive. Many married couples are missing out on $938 a month in benefits by not understanding divorces don’t necessarily impact eligibility.
People are often eligible to claim Social Security benefits on their ex-spouse’s record because they may not have accumulated a large enough work history to max out their benefits. However, people who stay at home during marriage to care for children or support a spouse’s career may find themselves low on earned benefits when they become eligible to retire.
Benefits based on an ex-spouse’s earning can go quite high, up to around $1,500 per month. Reports from The Economic Times outline that divorce can technically allow Americans to claim greater Social Security benefits based on an ex’s work history:
Social Security benefits are calculated based on a person’s highest 35 years of earnings. If someone does not have 35 years of work history, that shortage will be filled with zeros and reduce the overall benefit.
Benefits based on an ex-spouse’s earning can go quite high, up to around $1,500 per month. Reports from The Economic Times outline that divorce can technically allow Americans to claim greater Social Security benefits based on an ex’s work history:
“The benefit can be as high as 50% of your ex-spouse’s Social Security benefit amount, assuming you meet all of the eligibility criteria and your benefit on your own work record is less than what you are eligible to receive on your ex’s.”
Americans who choose to retire and claim Social Security benefits ahead of their full retirement age will see a reduction in their monthly benefit. Divorced spouse benefits are no different and will see their payouts reduced if filed before full retirement age.
Once again, current spouses do not need to be receiving benefits in order for a divorced spouse to claim benefits on their record. As long as both parties are at least 62 years old, and the marriage was final for at least two years, eligible divorcees may file for Social Security benefits on an ex-spouse’s record.
Like many rules within Social Security, many American’s are unaware that they can qualify to receive benefits on an ex-spouse’s record after divorcing. While the rule has been in place for decades, many Americans may not be aware that they can receive benefits if they were married for at least 10 years.
Due to inflation and the rising cost of living, financial planners are urging soon-to-be retirees to become more familiar with their eligibility, especially if they were married for a significant period of time.
