Spousal Social Security – even if you’re divorced

As many people approach retirement, being divorced can cause a lot of confusion around Social Security. How do benefits work if you are divorced?

If you were married for at least 10 consecutive years and you are not currently married, you can possibly draw a higher Social Security benefit off your former spouse’s work record – even if you’ve been divorced for many years. Older women especially should look into their benefits and see if they are eligible to get a raise for Social Security.

Wouldn’t the government have already explained this to the retiree when she applied for her Social Security benefits? Not if you just applied online at SSA.gov. You might not have spoken to anyone about this benefit.

I am not saying that many ex-husbands may get their Social Security benefits LOWERED because their ex-wife learns about this rule. Drawing spousal benefits in no way reduces how much the ex-husband can get. These rules are gender-neutral. It could be the wife who was the higher wage earner and the ex-husband who will draw off of her work record!

What would someone who is just hearing this information for the first time do to get an increase in benefits? First, let’s make sure you qualify. The marriage lasted 10 years, but look at your divorce decree for what day the judge signed it, not when you filed. If it was 10 years or more, so far so good.

Second, you must currently be single. That doesn’t mean you didn’t have another marriage that ended. You must not be currently married.

Third, your ex-spouse must have earned more over his or her lifetime than you. If you made about the same earnings, you’ll each draw your own, and if your ex-spouse was the lower earner, he or she can draw off you.

Lastly, spousal benefits do not begin until you are both age 62.

While you can apply for Spousal Social Security online, it’s faster if you go in person. You must take in original or certified copies of your marriage certificate and divorce decree. Without these documents, you cannot file. The SSA can then tell you how much of an increase you can get, if any. There is no way for you to see this amount online in your SSA.gov account.

If you qualify, you can draw off your ex-spouse’s work record even if he never draws his own Social Security. He also will not be notified if you do start drawing ex-spouse benefits. If you later remarry, you will immediately lose the right to draw spousal benefits off of your former spouse. For this reason, many people hold off on remarriage.

There are different rules for Widow or Survivor benefits. As a widow of a deceased former spouse, you can remarry and continue to draw those benefits as long as you do not remarry prior to the age of 60. But this rule does not apply to Spousal Social Security benefits. Once you remarry, at any age, spousal benefits end.

Sylvia Gordon is known as Medicare Mama on social media. She and the Noblesville-based TheMedicareFamily.com have amassed nearly one million followers online where she teaches about Medicare, Social Security, and retirement.