Going through a divorce is one of the most stressful experiences people can have. Aside from the emotional impact of the breakdown of a marriage, you have been involved in for years or even decades, the end of a marriage can create a lot of financial worries. If you or your spouse are receiving or will soon begin receiving Social Security benefits, it is important to understand how divorce will affect the rights you will both have regarding the benefits the two of you earned during your marriage.
Social Security Eligibility for Divorced SpousesÂ
You may be eligible to receive benefits based on an ex-spouse’s work record even if you have not worked or contributed to Social Security taxes on your own. Furthermore, this eligibility may remain valid even if your former spouse remarries.
To receive Social Security benefits based on your ex’s work record, you must meet the following spousal-benefit eligibility requirements:
- Your former spouse is entitled to Social Security retirement or disability benefits.
- Your marriage lasted ten years or more.
- You are unmarried.
- You are 62 years old or older.
- Your own work record entitles you to benefits in a smaller amount than the benefit you would receive based on your former spouse’s record.
If your ex-spouse is at least 62 years old and hasn’t yet applied for benefits, you can receive benefits based on their record as long as you meet all of these requirements and you have been divorced for at least two continuous years.
How Much Money Will I Receive?Â
If you are eligible for Social Security benefits based on your own work record, you will receive that amount first. If your former spouse’s benefits are worth more than your own, you will receive both your own benefits and an additional amount from your ex-spouse’s benefits.
Receiving benefits based on your former spouse’s work record does not reduce the amount that your ex receives in their own benefits.
How Do I Apply for Social Security Benefits After a Divorce?Â
You can apply for Social Security benefits from your spouse’s work record or your own record online through the SSA’s website, by phone (1-800-772-1213 or TTY 1-800-325-0778), or in person. If you choose to apply in person, you can refer to the SSA Field Office Locator to find the nearest SSA office and make sure they are open.
Before you apply, it will be helpful to gather the folloing necessary documents:
- Dates and location of current and previous marriage(s)
- Marriage certificate(s) and divorce decree(s)
- Social Security Number
- Birth certificate
- Proof of American citizenship if you were born outside the United States
- Military service information, if applicable
- Employer names & employment dates for the past two years
- W-2 or self-employment tax documentation for the past two years
- Bank information to set up direct deposit
Contact an Elder Law Attorney for Help Getting Benefits
If you have questions about the precise information you will need from your former spouse or about when the best time to apply for benefits might be, you should consult with our Tampa elder law attorneys who have experience with Social Security benefits. We can help you with these issues and make the whole application process much smoother from start to finish. To schedule a consultation, simply contact our law firm at (813) 438-8503.