Most Divorced Americans Don't Know This Social Security Rule Exists - And It Could Change Your Retirement

Divorce can change many of the plans you once expected to share, including what retirement would look like. Once you are planning for one income instead of two, you may need to rethink where your money will come from and how much you can count on each month.

Social Security may be part of that answer in a way many divorced Americans do not realize. If your marriage lasted long enough, you may still qualify for survivor benefits based on your ex-spouse's work record, even years after the divorce.

For some people, that benefit can be much larger, so checking whether you qualify can help you avoid money mistakes and keep more Social Security income.

What the rule is and who qualifies

If your former spouse has died, you may be able to collect survivor benefits on their Social Security record. For most divorced survivors, the main requirements are fairly straightforward:

• Your marriage lasted at least 10 years.
• You are at least 60, or 50 with a qualifying disability.
• You meet Social Security's marital-status rules.
• If you are caring for your ex-spouse's child who is under 16 or disabled, some of the usual age and marriage-length rules may not apply.

If you qualify, Social Security calculates your survivor benefit using your former spouse's earnings record, much like it does for a widow or widower.

You will not receive your own full benefit plus the full survivor benefit. Social Security generally pays the higher amount, which can make a big difference if your ex-spouse earned much more over their career.

Why remarriage doesn't always disqualify you

Remarrying does not automatically take divorced-survivor benefits off the table. The key is how old you were when the new marriage began:

• If you remarried at 60 or later, you can still qualify for survivor benefits on your ex-spouse's record, and the same generally applies at 50 if you have a qualifying disability.
• If you remarried before 60, you usually cannot collect while that marriage is still in place.
• If the later marriage ends through divorce or death, you may become eligible again.

Age 60 is the main cutoff, which makes your remarriage date especially important when you are checking whether you qualify.

Your ex's current spouse doesn't reduce your benefit

If your ex-spouse remarried before they died, their current widow or widower can collect on the same record you're claiming on. SSA pays each qualified survivor independently. Your benefit isn't reduced because someone else is also collecting, and theirs isn't reduced because of you.

Basically, two survivors on the same record can each receive the full amount they're entitled to based on their own age and claiming decision.

Your claiming age can make a big difference in your monthly check

You can start divorced-survivor benefits as early as age 60, when you would generally receive about 71.5% of the full survivor benefit. The amount increases as you wait, reaching 100% at your survivor full retirement age. Waiting beyond that age will not increase the survivor benefit any further.

For instance, if your own retirement benefit is $1,200 a month and you qualify for a $3,000 survivor benefit at full retirement age, Social Security would generally bring your total monthly payment up to $3,000.

You may also have some flexibility over which benefit you claim first. If your own retirement benefit is still growing, you can potentially take survivor benefits earlier and switch to your own benefit later after it has earned delayed retirement credits.

What if your ex-spouse is still alive

You can claim a divorced-spouse benefit worth up to 50% of their full retirement amount, compared with up to 100% under the survivor benefit when they've passed away.

The qualifications are almost similar:

• Your marriage lasted at least 10 years.
• You are at least 62.
• You are currently unmarried.

Your ex does not always need to be collecting Social Security yet. If you have been divorced for at least two years and your ex is eligible for retirement benefits, you may be able to claim based on their record anyway.

If your ex later dies, you may become eligible for a survivor benefit worth up to 100% of their benefit. For someone already receiving a divorced-spouse benefit, that could lead to a much larger monthly payment.

How to find out if you qualify

Start by checking how long your marriage lasted and whether you meet the age and marital-status rules. If your ex-spouse has died and you appear to qualify, you can contact Social Security at 1-800-772-1213 or visit a local office to start a claim.

You will generally need your marriage certificate and final divorce decree. If you no longer have them, you can request copies from the appropriate records office, and Social Security says you should not put off filing just because a document is missing.

If you are not yet eligible, you can still look up your own estimated benefit at ssa.gov and gather those records ahead of time. Comparing your benefit against what the survivor amount could provide tells you whether filing as soon as you're eligible makes sense or whether waiting closer to full retirement age would serve you better.

Bottom line

Divorce may have ended the marriage years ago, but your ex-spouse's Social Security record can still affect the income available to you in retirement. If you qualify, that benefit could become another source of monthly income to work into your retirement goals.

Knowing about it before you claim can help you make a better decision about which benefit to take and when. It is one Social Security rule worth having on your radar before you lock in your monthly check.

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