Gray divorce has been on the rise over the past 30 years while the divorce rates of younger age groups have fallen. Although a divorce later in life can wreak havoc on your retirement savings, this isn’t always the case. Depending on the details of your situation, it may be possible to claim Social Security benefits based on your former spouse’s work record.
Know Eligibility Criteria Before You Apply
There are several criteria that you’ll need to meet if you’d like to file a claim based on your former spouse’s work record. First, you will need to be at least 62 years of age when you file. Next, you’re only eligible if you were married to your former spouse for at least 10 years, and you must be single at the time of filing. An exception may apply if you remarried and the marriage ended because of a divorce or because your most recent spouse passed away.
Your Former Spouse Is Largely Not a Factor
You won’t need to ask permission from your former spouse to file a claim based on their work record. In fact, your spouse doesn’t have to know you filed at all, and their benefit won’t be impacted by the fact that you have sought benefits off of their earnings history.
You should also know that your former spouse doesn’t have to be receiving benefits before you file a request. Finally, you can still get benefits even if your former spouse is remarried. However, to receive divorce benefits, your former spouse does need to at least be eligible for their own benefits. You will also need to wait at least two years after the divorce before seeking these benefits.
How to Determine the Amount of Your Monthly Payment
The Social Security Administration (SSA) will only issue one payment per month. Typically, this is the greater of your own benefit or 50% of your former spouse’s benefit. For example, say you were due $1,000 per month based on your own work record. If half of your former spouse’s benefit would be less than $1,000 per month, you would file based on your own work record.
There are a couple of ways that you can determine how much your former spouse is set to receive. First, you can simply ask them directly. However, if you don’t think that your former spouse is going to respond to your inquiry, you can always contact the SSA directly.
You’ll Need to Wait for Your Full Benefit
Although you can file for benefits at age 62, you won’t receive your maximum benefit until reaching full retirement age (FRA). If you were born prior to 1960, your FRA occurs when you reach your 67th birthday. It is important to note that if you apply for benefits based on your work record, your monthly benefit amount continues to increase until you turn 70. However, with divorce benefits, your benefit maxes out when you reach your FRA.
Other Issues to Consider
If you are working or collecting a pension from your own employer, it might impact your ability to collect divorce benefits. Your divorce lawyer can discuss with you what might happen if either of those scenarios apply in your case. The attorney might also be able to help you gather the documents needed to get your claim approved.
For instance, you’ll likely need a copy of both your marriage license and divorce decree, and in some cases, you’ll be required to provide original copies of those documents. You can ask your attorney or visit the SSA website to get a full list of records you may need.
If you are in need of a divorce lawyer, don’t hesitate to contact the Law Office of Joanne Kleiner today. You can reach our Jenkintown office by calling 215-886-1266 or by sending a message through the contact form on our firm’s website.
Leave a Comment