Guiding You Through Complex Legal Matters

Guiding You Through Complex Legal Matters

Eligibility for an ex-spouse’s Social Security after a divorce

On Behalf of | Sep 22, 2023 | Divorce

Social Security benefits play an important role in your financial security during retirement. After a Texas divorce, you may wonder if you are eligible for Social Security benefits based on your ex-spouse’s work record.

Several things have to hold true for you to be able to claim Social Security using your former husband or wife’s work record. For starters, your ex-spouse must qualify for these benefits in the first place. This means your ex-spouse must have reached the age at which he or she can start receiving benefits, which is usually 62.

Your marriage length

The length of your marriage to your ex-spouse is another key factor in determining eligibility. To be eligible for Social Security benefits based on your ex-spouse’s record, your marriage must have lasted for at least ten years. If the marriage lasted less than ten years, you typically are not eligible.

Your current marital status

Remarrying prevents you from receiving benefits based on your ex-spouse’s record. A possible exception to this is if your subsequent marriage ends by divorce, annulment or death.

Your age

You also have to meet age requirements to receive benefits based on your ex-spouse’s record. Generally, you must be at least 62 years old. Applying before your full retirement age may result in a reduction in the amount you receive.

While collecting Social Security via this method is advantageous for many people after divorce, about 30% of Americans do not realize claiming Social Security using an ex’s work record might be an option.