Can divorced Americans get Social Security benefits? What is the 10-year 'Marriage Rule' - Check spousal benefits eligibility and how much you could receive

Divorce may bring a marriage to an end, but it doesn’t necessarily end your ability to receive Social Security benefits based on your former spouse’s earnings record. For some divorced Americans approaching retirement, an ex-spouse’s work history could translate into a higher monthly payment than their own record provides. The key, however, is meeting several Social Security requirements - including the important 10-year marriage rule. Depending on your age and when you claim, a divorced-spouse benefit could be worth as much as 50% of your ex-spouse’s full retirement-age benefit. This is not an automatic benefit, and divorced-spouse benefits generally require an application; eligible individuals should not assume the benefit will automatically be added to their monthly Social Security payment.

WHAT IS SOCIAL SECURITY’S 10-YEAR MARRIAGE RULE?

The rule is relatively simple, in the sense that in order to be able to qualify for Social Security benefits as a divorced person, the marriage generally must have lasted at least 10 years immediately before the divorce became final. This cut-off is important, as noted by Futbolete, since any marriage that has not endured for 10 years will not meet the criteria.


But being married for a decade isn’t enough by itself. According to Hartford Funds, a person seeking divorced-spouse benefits generally must be at least 62, currently unmarried and have an individual retirement benefit that is lower than the benefit available through the former spouse’s record. The ex-spouse must also qualify for Social Security retirement benefits.

There is another important timing rule. Generally, if your former spouse has not yet started receiving Social Security, you must have been divorced for at least two continuous years to claim independently on their record. Your ex must nevertheless be eligible for benefits. If the former spouse has already started collecting benefits, a divorced person can potentially file within that two-year period.

A divorced-spouse claim does not reduce the ex-spouse’s benefits or affect benefits payable to their current spouse.

HOW MUCH COULD A DIVORCED SPOUSE RECEIVE?

This is where the age at which you claim can make a big difference. At your full retirement age, the maximum divorced-spouse benefit can equal 50% of your former spouse’s benefit at their full retirement age, commonly referred to as their Primary Insurance Amount (PIA). That does not mean you receive half of whatever check your ex currently gets.

According to Futbolete, the computation is based on the retirement benefit of the former spouse at full retirement age. If the former spouse delays filing until the age of 70 years, earning his/her 'delayed retirement credits' will not increase the divorced-spouse benefit.

Also, claiming early is important. The following is an example of a person whose full retirement age is 67 years old and whose ex-spouse has a full-retirement age benefit of $4,000. In case the divorced spouse claims at the full retirement age of 67 years old, the maximum spousal benefit is $2,000, which is 50%. Claiming at 62 would reduce that amount to $1300, or 32.5% of the former spouse’s full-retirement-age benefit.

Even waiting after your own full retirement age will not make a difference in getting a divorced-spouse benefit. Whereas one’s own retirement benefit can continue to accumulate through delayed retirement credits until age 70, the spousal benefits do not get this benefit. Moreover, it is not possible to collect your own benefit and another 50% of the spouse’s benefit.

According to Futbolete, Social Security effectively pays your own benefit first and adds an amount from the divorced-spouse benefit when applicable, resulting in the higher eligible total rather than two full benefits stacked together.

HOW CAN DIVORCED AMERICANS CHECK ELIGIBILITY AND APPLY?

It would be especially important for those who have been out of work for quite some time or those earning much lesser than their ex-spouse to check whether they are eligible for these benefits. There are five conditions which must be met for the divorced-spouse benefits under Social Security.

For one to be eligible, the couple needs to have been married for at least ten years. An individual should be aged sixty-two years and above and divorced. The former spouse should be eligible to receive social security benefits based on retirement age or disability. Moreover, one should not be receiving Social Security benefit more than their partner’s.

To get an idea of what you might be eligible for, a Social Security representative may provide you with an estimate based on the work history of your ex-spouse. You will be able to easily verify the duration of your marriage, date of divorce, and your ex-spouse’s identity due to the presence of your marriage and divorce certificates.

Such claims can be made online, by telephone, or at any nearby Social Security office. At the very time when an application is made, the benefits of the person are calculated and paid accordingly by Social Security.

However, remarriage may affect the scenario. For divorced-spouse benefits based on a living ex-spouse’s record, the applicant generally must be unmarried. Different remarriage rules apply to survivor benefits after a former spouse dies.

The bottom line is straightforward: 10 years of marriage can make a significant financial difference after a divorce. Not every individual will receive an advantage, but individuals who meet the criteria and have lower earnings can find that they qualify for more money through Social Security.