February 15, 2018 •By Jim Borland, Acting Deputy Commissioner for Communications
Reading Time: 2 Minutes
Last Updated:February 15, 2018
Just like during tax season, it’s good to have all the information you need early so you can prepare and get any money you are due.
If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record. To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can’t collect benefits on your former spouse’s record unless your later marriage ended by annulment, divorce, or death. Also, if you’re entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse’s work. In other words, we’ll pay the higher of the two benefits for which you’re eligible, but not both.
You can apply for benefits on your former spouse’s record even if he or she hasn’t retired, as long as you divorced at least two years before applying. If, however, you decide to wait until full retirement age to apply as a divorced spouse, your benefit will be equal to half of your ex-spouse’s full retirement amount or disability benefit. The same rules apply for a deceased former spouse.
The amount of benefits you get has no effect on the benefits of your ex-spouse and his or her current spouse. Visit Retirement Planner: If You Are Divorced to find all the eligibility requirements you must meet to apply as a divorced spouse. Our benefits planner gives you an idea of your monthly benefit amount. If your ex-spouse died after you divorced, you may still quality for widow’s benefits. You’ll find information about that in a note at the bottom of the website.
Visit Retirement Planner: If You Are Divorced today to learn whether you’re eligible for benefits on your ex-spouse’s record. That could mean a considerable amount of monthly income. What you learn may bring a smile to your face … even on tax day!
I am a 65 year old divorced, single person who’s ex husband recently passed away. I’ve read that I may be eligible for survivor’s benefits. I was married for 23 years. I was trying to get some understanding regarding the eligibility clause that says ” the ss benefit must be less than I’d receive based on my ex-spouse’s work; and that SS will pay the higher of the two benefits for which I am eligible, but not both.
My question is: If I’m still working although I’m 65, and plan to work for a few more years, is it possible to begin collecting the higher of the two benefits for which I am eligible immediately?
Vonda
Hi Pat, thanks for using our blog. If you are the widow of a person who worked long enough under Social Security, you can start receiving reduced survivor’s benefits as early as age 60 (50 if disabled). If you are also eligible for retirement benefits on your own record, you may have an additional option. You can apply for retirement or survivors benefits now and switch to the other (higher) benefit at a later date.
The earliest age you can apply for your own (reduced) retirement benefits is 62.
You can get Social Security retirement or survivors benefits and work at the same time. However, there is a limit to how much you can earn and still receive full benefits. The amount you’re allowed to earn while receiving benefits depends on your age. If you attain full retirement age in 2021, the earnings limit is $50,520 but we only count earnings before the month you reach full retirement age. Beginning with the month you reach full retirement age, earnings no longer reduce your benefits, no matter how much you earn. If you’re under full retirement age for the entire year, then we deduct $1 from benefit payments for every $2 earned above the annual limit. For 2021, that limit is $18,960.
You would need to call and make an appointment to file for widow’s benefits as you cannot apply for that online. You can call your local Social Security office. Look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal.
Generally, the total amount you and your family can receive is about 150 to 180 percent of your full retirement benefit. If you have a divorced spouse who qualifies for benefits, it will not affect the amount of benefits you or your family may receive.
How Much SSDI Can a Divorced Spouse of a Disabled Worker Get? A divorced spouse generally receives 50% of the disabled worker's primary insurance amount (half as much as the disabled person's monthly SSDI check). But, this amount is reduced if you haven't reached full retirement age (between 66 and 67 years old).
Held, the status of the claimant and her spouse as an eligible couple continues until they have been separated for 6 months and the social security benefits are income to the eligible couple which reduces the amount received by each.
A few things could cause you to lose your monthly benefits, including jail time, getting a new job and divorce. The type of benefits you're receiving also matters, which we'll explain below. Keep reading to find out how you could potentially lose your Social Security benefits.
How much Social Security does a divorced spouse get? A divorced spouse can receive up to 50% of their ex-spouse's full retirement benefit. You must wait until you reach full retirement age if you want to claim your full benefit. For most people, full retirement age for Social Security is between 66 and 67.
You are eligible to receive one-half (50%) of your ex-spouse's retirement benefit. If your ex-spouse should die before you, you can receive their full retirement benefit.
If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death. Also, if you're entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse's work.
To qualify for benefits as a disabled surviving spouse, you must be divorced from a deceased spouse and meet the following requirements: Be at least age 50 but not yet age 60. Have been married at least 10 years before the date the divorce became final. Meet the disability related requirements.
What you may not realize is that your spouse may also be able to receive Social Security benefits. In fact, they don't even have to have reached retirement age to qualify for these benefits. They may be eligible, through this loophole, if they are serving as a caregiver at home for your child with disabilities.
A number of situations could put your pension at risk, including underfunding, mismanagement, bankruptcy, and legal exemptions. Laws exist to protect you in such circ*mstances, but some laws provide better protection than others.
It requires that you must have worked five out of the last ten years immediately before your disability onset to qualify for Social Security Disability Insurance (SSDI).
You can get Social Security retirement or survivors benefits and work at the same time. However, there is a limit to how much you can earn and still receive full benefits. If you are younger than full retirement age and earn more than the yearly earnings limit, we may reduce your benefit amount.
If you are eligible for retirement benefits on your own record, the Social Security Administration (SSA) pays that amount first. If the benefit on your ex-spouse's record is higher, you can expect an additional amount so that the combination of benefits equals that higher amount.
If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death. Also, if you're entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse's work.
There is no hard and fast rule on this. Generally, a claim can be brought at any time until a consent order is put in place. However, waiting too long after your divorce could make obtaining a share of your former spouse's retirement benefits more difficult, or even impossible.
Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care. By a qualifying child, we mean a child who is under age 16 or who receives Social Security disability benefits.
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Just like during tax season, it’s good to have all the information you need early so you can prepare and get any money you are due.
