Can an Ex-Spouse Receive Your Social Security Benefits?

Question from Remi, Can an Ex-Spouse Receive Your Social Security Benefits?

Answer from AI:

Yes, it is possible for an ex-spouse to receive your Social Security benefits under certain circumstances. The Social Security Administration (SSA) has specific rules and conditions that must be met for an ex-spouse to qualify for these benefits.

Eligibility Requirements for Ex-Spouse Benefits

To qualify for Social Security benefits based on your work record, your ex-spouse must meet the following criteria:

1. Marriage Duration: The marriage must have lasted at least 10 years.
2. Divorce Status: The ex-spouse must be currently unmarried.
3. Age Requirement: The ex-spouse must be at least 62 years old.
4. Benefit Amount: The benefits they are entitled to receive based on their own work record must be less than the benefits they would receive based on your work record.
5. Waiting Period: If you have not applied for your own benefits but are eligible for them, your ex-spouse can still receive benefits if you have been divorced for at least two years.

How Much Can an Ex-Spouse Receive?

An ex-spouse can receive up to 50% of your full retirement benefit amount. This does not reduce the amount you receive. If your ex-spouse qualifies for benefits on their own record, the SSA will pay that amount first. If the benefit on your record is higher, they will receive an additional amount to bring their total benefit up to the higher amount.

Impact on Your Benefits

Your benefits are not affected by your ex-spouse receiving benefits based on your work record. The SSA calculates and pays these benefits separately.

Steps to Apply for Ex-Spouse Benefits

If your ex-spouse believes they qualify for benefits based on your work record, they should:

1. Gather necessary documents, such as proof of marriage and divorce.
2. Contact the Social Security Administration to apply. They can do this online, by phone, or by visiting a local SSA office.
3. Provide your Social Security number and any other required information.

When to Consult a Legal Professional

While the SSA provides general guidelines, individual circumstances can vary. It is advisable to consult with a legal professional if:

• There are disputes about the length of the marriage or other eligibility criteria.
• There are questions about how benefits are calculated or distributed.
• There are concerns about remarriage or other life changes affecting benefits.

For more detailed information, you can visit the [Social Security Administration’s official website](https://www.ssa.gov/planners/retire/divspouse.html).

Remember, this information is intended to provide a general understanding of the topic. For personalized advice, always consult with a legal professional.