Can I Collect Social Security from My Ex-Spouse?

Dear Savvy Senior,

Is it possible to collect Social Security benefits from my ex-spouse? We were married for 12 years but have been divorced for almost 20 years now.

Never Remarried

Dear Never,

Yes, depending on your specific circumstances, you may very well be eligible for divorced spouses Social Security benefits. Here’s what you should know.

Who’s Eligible?

A divorced spouse can collect a Social Security retirement benefit on the earnings record of their ex-husband (or ex-wife) if you are at least age 62, were married for at least 10 years, are unmarried, and are not eligible for a higher benefit based on your own earnings record.

In order to collect, your former spouse must also be at least 62 and eligible for Social Security benefits. But he doesn’t have to be receiving them in order for you to collect divorced spouse’s benefits, as long as you’ve been divorced for at least two years.

Even if your ex is remarried, it won’t affect your right to divorcee benefits, nor will it affect your ex’s retirement benefits or his current spouse’s benefits.

Benefit Amount

A divorced spouse can receive up to 50% of their ex’s full Social Security benefit, or less if they take benefits before their full retirement age, which is 66 for people born in 1945-1954 but is gradually increased to age 67 for people born in 1960 or later. To find out your full retirement age and see how much your benefits will be reduced by taking them early see SSA.gov/benefits/retirement/ planner/agereduction.html.

Keep in mind though, that if you qualify for benefits based on your own work history, you’ll receive the larger of the two benefits. You cannot receive benefits on both your record, and your ex’s work record too.

To find out how much your retirement benefits will be, see your Social Security statement at SSA.gov/ myaccount. And to get an estimate of your ex’s benefits, call Social Security at 800-772-1213. You’ll need to show your marriage certificate and divorce decree to prove your marriage lasted at least 10 years along with his Social Security number to get it.

Other Factors to Know

You also need to be aware that working can affect your divorced spouse’s benefits. If you start taking benefits while working, and are under full retirement age, your benefits will be reduced $1 for every $2 you earn above the annual limit, which is $21,240 in 2023. In the year you reach full retirement age, however, the annual limit increases to $56,520 and the reduction lowers to $1 for every $3 above that limit. See SSA. gov/pubs/EN-05-10069.pdf for more details.

Another factor that can reduce your divorced spouse’s benefits is receiving a pension from an employer that did not withhold Social Security taxes (like a government). This is a rule know as Government Pension Offset (see SSA.gov/benefits/retirement/planner/gpo-calc.html) which can reduce your benefits by twothirds of the amount of your pension.

Divorced Survivor’s Benefits

You also need to know that when your ex-spouse dies (and if you were married for 10 or more years), you become eligible for divorced survivor benefits, which is worth up to 100% of what your ex-spouse was due.

Survivor benefits are available to divorced spouses as early as age 60 (50 if you’re disabled). But if you remarry before 60, you become ineligible unless the marriage ends. Remarrying after age 60 will not affect your eligibility.

Also note that if you are receiving divorced spouses benefits when your ex-spouse dies, you will automatically be switched over to the higher paying survivor benefit.

For more information visit SSA. gov/benefits/retirement/planner/ applying7.html and click on “Benefits for Your Divorced Spouse.”

By Warren Beck Social Security District Manager in Syracuse.

Every July, we take pride in celebrating our nation’s independence. For nearly 90 years, our programs have helped provide financial independence to millions of hardworking people. We have useful online tools like the Social Security Statement (statement) and our benefits estimator tool that help people not yet receiving benefits. The statement shows the benefits that you and your family may be entitled to includes personalized fact sheets tailored to your age and earnings situation. The benefits estimator tool allows you to get estimates based on different ages you want to begin receiving benefits. These tools can help you plan for financial independence in retirement.

Don’t receive benefits? You can get the most out of your online experience if you have a personal My Social Security account. You can:

• Get your statement instantly.

• Request a replacement Social Security card (in nearly every state and the District of Columbia).

• Find out if you qualify for benefits.

• Appeal a decision we made on

Q.: Will my retirement benefits increase if I wait and retire after my full retirement age?

A: Yes. You can increase your Social Security retirement benefit in two ways:

• You can increase your retirement benefit by a certain percentage if you delay receiving retirement benefits. We will add these increases automatically from the time you reach full retirement age until you start receiving benefits or reach age 70.

• If you work, each additional year you work adds another year of earnings to your Social Security record. Higher lifetime earnings may result in higher benefits when you do retire.

For more information, visit www. ssa.gov/pubs to read, print, or listen to our publication, “When to Start Receiving Retirement Benefits.” You also can use our “Retirement Estimator” at www.ssa.gov/estimator to determine your estimated future benefits.

Q.: Will my Social Security disability benefit increase if my condition gets worse or I develop additional health problems?

A: No. We do not base your Social Security benefit amount on the severity of your disability. The amount you are paid is based on your claim.

Already receiving benefits? If so, you can use your personal my Social Security account to: your average lifetime earnings before your disability began. If you go back to work after getting disability benefits, you may be able to get a higher benefit based on those earnings. In addition, we have incentives that allow you to work temporarily without losing your disability benefits. For more information about disability benefits, read our publications “Disability Benefits and Working While Disabled — How We Can Help.” Both are available online at www.ssa. gov/pubs.

• Request a replacement Social Security card (in nearly every state and the District of Columbia).

• Get an instant benefit verification letter for Social Security, Medicare, and Supplemental Security Income (SSI).

• Start or change your direct deposit (Social Security beneficiaries only).

• Check your information and benefit amount.

• Change your address (Social Security beneficiaries only).

• Request a replacement Medicare card.

• Get a replacement SSA-1099 or SSA-1042S instantly for tax season.

• Report your wages if you work and receive disability benefits or SSI.

You can create your personal My Social Security account at www.ssa. gov/myaccount.

With so many services and helpful information available online, we are here for you when it’s convenient for you. Be sure to tell friends and family about all they can do at www.ssa.gov.

Q.: My grandfather, who is receiving Supplemental Security Income (SSI), will be coming to live with me. Does he have to report the move to Social Security?

A: Yes. An SSI beneficiary must report any change in living arrangements before the 10th day of the following month. If you do not report the change, your grandfather could receive an incorrect payment and have to pay it back, or he may not receive all the money that he is due. Failure to report a change to us could result in the deduction of a penalty from his SSI benefits. Your grandfather also needs to report the new address to us to receive mail from us. You can report the change by mail or in person at any Social Security office or call us toll-free at 1-800-772-1213 (TTY 1-800-325-0778). You get more

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