Divorce & Social Security

By Mark Bertrang, The Creator of the Financialoscopy® on Thursday, March 18th 2021

 

Just like preparing for tax season, it’s good to have all the information you need early so you can prepare and get any money you are due, especially when planning for your retirement after a divorce, no matter how long ago that divorce might have been.

If you are at least age 62, unmarried, but previously divorced from someone, whom they themselves are entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based upon your ex’s own working record. To be eligible, you must have been married to your ex-spouse for at least ten years or more. If you have remarried, you can’t collect benefits on your former spouse’s record unless your most recent marriage ended by an annulment, a divorce, or by death.

In addition, if you’re entitled to benefits on your own record, your personal benefit amount must be less than you would receive based on your ex-spouse’s work record. In other words, you’ll be paid the higher of the two benefits for which you are eligible, but not both. There’s no double-counting from Social Security.

You can apply for benefits on your former spouse’s record even if he or she hasn’t yet retired, so long as you have been divorced for at least two years before applying for yourself. If you decide to wait until your 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, if they are disabled. The same rules apply for a deceased former spouse. The amount of benefits you get has no effect on the benefits your ex-spouse or their current spouse receives. If your ex died after you divorced, you can still qualify for widow’s benefits.

The Social Security Administration has created a benefits planner that can give you an idea of your monthly benefit amount.

You can apply online, if you are within three months of age 62 or older of by calling their national toll-free service at 1-800-772-1213 or visiting your local Social Security office. You need to complete an SSA-2 Form. An appointment is not required, but if you call ahead and schedule a visit, it may reduce the time you spend waiting to apply.

You can help by having the following items with you:

A birth certificate

Proof of citizenship

Recent W-2 forms

A final divorce decree, and

Your previous marriage certificate.


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