Can You Collect Social Security Benefits From an Ex-Spouse? Here’s What You Need to Know

If you’re approaching retirement after a divorce, you may have heard that you can collect Social Security benefits based on your former spouse’s work record. It’s a common question, and in many cases, the answer is yes. However, there are several important rules that determine whether you’re eligible and how much you may receive.

Understanding how these benefits work can help you make more informed decisions as you prepare for retirement.

Who May Qualify for Social Security Benefits From an Ex-Spouse?

You may be eligible to receive Social Security benefits based on your former spouse’s earnings record if you meet all of the following requirements:

• You were married to your former spouse for at least 10 years.
• You are 62 or older.
• You have been divorced for at least two years.
• You are currently unmarried.
• Your former spouse is at least age 62 and eligible for Social Security benefits.

Meeting these qualifications does not automatically mean you’ll receive benefits from your former spouse’s record, but it does mean you may be eligible to claim benefits based on their work record.

How Much Could You Receive From an Ex-Spouse’s Record?

One of the biggest misconceptions is that you can collect both your own Social Security benefit and an additional benefit from your former spouse. That’s not how the program works.

Instead, Social Security compares the benefits available to you and pays the higher of the two amounts.

If you qualify based on your former spouse’s record, the maximum benefit available is generally up to 50% of their full retirement age benefit. If your own retirement benefit is higher than that amount, you’ll simply receive your own benefit instead.

The goal is to ensure you’re receiving the highest benefit for which you’re eligible.

Why Social Security Claiming Timing Matters

As with many Social Security decisions, when you choose to claim benefits can affect the amount you receive.

Claiming before your own full retirement age may reduce the benefit available to you, even if you’re claiming based on a former spouse’s record. Every situation is different, and factors such as your work history, retirement income needs, and broader retirement plan should all be considered before making a decision.

Don’t Assume You Won’t Qualify

Many people don’t realize divorced spouse benefits exist or assume they aren’t eligible. Others mistakenly believe they need their former spouse’s permission or that claiming benefits will reduce what their former spouse receives.

Fortunately, neither is true. If you meet the eligibility requirements, your former spouse’s benefit is not reduced because you claim on their record.

Because Social Security rules can be nuanced, it’s worth taking the time to understand your options before filing for benefits.

A Thoughtful Review Can Make a Difference

Social Security is an important source of retirement income for many individuals, and understanding all of your available options can help you make informed decisions about your retirement.

If you’ve been divorced after a long-term marriage and are nearing retirement, consider reviewing your eligibility with the Social Security Administration and discussing how your claiming strategy fits into your broader retirement plan. Taking a thoughtful approach today may help you maximize the benefits available to you and support your long-term financial goals.

Investment advisory services offered through Tenet Wealth Partners, LLC, a registered investment advisor with the U.S. Securities and Exchange Commission. This material is intended for informational purposes only. It should not be construed as legal or tax advice and is not intended to replace the advice of a qualified attorney or tax advisor. This information is not an offer or a solicitation to buy or sell securities. The information contained may have been compiled from third-party sources and is believed to be reliable.

The information provided in this communication was sourced by Tenet Wealth Partners through public information and public channels and is in no way proprietary to Tenet Wealth Partners, nor is the information provided Tenet Wealth Partner’s position, recommendation or investment advice.

This material is provided for informational/educational purposes only. This material is not intended to constitute legal, tax, investment or financial advice. Investments are subject to risk, including but not limited to market and interest rate fluctuations.

Any performance data represents past performance which is no guarantee of future results. Prices/yields/figures mentioned herein are as of the date noted unless indicated otherwise. All figures subject to market fluctuation and change. Additional information available upon request.