Many women fail to realize that they are eligible to draw off a former spouse. Some have been misled by their divorce agreement where they agreed to give up all rights to his “retirement.” Other women think that their ex-spouse must consent to their drawing spousal benefits. Understanding your Social Security rights can make a huge difference in your retirement planning!
You may be eligible to draw up to 50 percent of your former spouse’s Social Security if half of his amount is more than all your own. You will always only draw one benefit, whichever is higher. But many women have choices they didn’t know they have.
To be eligible to draw spousal Social Security benefits off an ex-spouse, your marriage had to have lasted 10 years – not nine and a half. Not even two days short of 10 years. Ten full, consecutive years.
If you then remarry, that terminates your ability to draw off your former spouse. After only one year of marriage, you can draw Social Security benefits off of your new spouse. Here is where most people get confused: if that second marriage ends, you are once again single and therefore eligible to draw off your prior spouse.
You could have several marriages that qualify. So, who do you draw retirement benefits from? Whichever former spouse made the most money.
Many women assume that they are only eligible to draw off the earnings record while they were married.
“When I was married to my ex, he was a waiter, but after our divorce he became a famous and highly paid actor. Am I only able to draw off his wages during our marriage?”
No. Social Security allows a lower-earning spouse (male or female) to draw benefits off the higher-earning spouse if the higher earner’s amount is double the smaller earner’s. If you and your ex-spouse made about the same earnings, you’ll draw from your own retirement benefits. But if you were a stay-at-home mom and only worked part time during your life, drawing up to 50 percent of your ex-spouse’s retirement can give you a much larger monthly Social Security check.
If this is exciting news, your next question is likely, “How do I know which former spouse to draw from? Who made more?”
Only the Social Security Administration can tell you that. In order to find out this private information, you’ll have to provide your marriage license and divorce decree. SSA needs original documents or certified copies. This can take some time to get from the county where you were married and divorced.
Your next question is often, “Will the SSA notify him that I’m drawing benefits?”
No. While he can call and ask, in which case the SSA will tell him, no notice is sent to him to let him know you are drawing spousal benefits. His own monthly check is not impacted when you start to draw spousal benefits. His current wife’s benefits are not impacted, nor are any other former ex-wives’ benefits.
Now that you may be excited about the possibility of a higher Social Security check, let’s explain what I mean when I say you are “eligible for up to 50 percent of his amount.”
In order to get the full 50 percent, you’ll have to wait to begin drawing Social Security until you reach your full retirement age. You can choose to draw as early as age 62, but you’ll be locking in a permanently reduced amount of about 30 percent of his benefit. To see more on this, you can download my free 2023 Social Security and Medicare Cheat Sheet on my website, TheMedicareFamily.com. At the top of the page, click on the tab for resources.
Your former spouse doesn’t have to be drawing his own Social Security for you to draw off him. As long as he is age 62 and you have been divorced at least two years, you can draw. If your former spouse did decide to start his own Social Security early and take a permanent reduction in his own benefits – this won’t impact you! You are still eligible to draw up to 50 percent of the amount he would have been eligible to draw had he waited to draw until he reached his full retirement age.
In other words, his choice of when to draw will no hurt you. How much you will eventually get is up to you and the age that you decide to start your benefits.
Sylvia Gordon is co-founder of The Medicare Family, headquartered in Noblesville, where she educates thousands on Medicare and Social Security in all 50 states. You can learn more at TheMedicareFamily.com.