[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.charlesullman.com\/social-security-benefits-divorce#BlogPosting","mainEntityOfPage":"https:\/\/www.charlesullman.com\/social-security-benefits-divorce","headline":"Social Security Benefits and Divorce","name":"Social Security Benefits and Divorce","description":"Many people who divorce are unaware of the fact that, despite the dissolution of their marriage, they may be entitled to collect Social Security spousal benefits based on a former wife\u2019s or husband\u2019s earnings record. As a financial planner for The Motley Fool suggests, many people will get more Social...","datePublished":"2021-12-10","dateModified":"2026-03-18","author":{"@type":"Person","@id":"https:\/\/www.charlesullman.com\/author\/cullman#Person","name":"Charles R. Ullman","url":"https:\/\/www.charlesullman.com\/author\/cullman","identifier":57,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/95523b76e3fabd629464090bfe2a95c0788960cc1dccd6db5bf756e20d0d4c67?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/95523b76e3fabd629464090bfe2a95c0788960cc1dccd6db5bf756e20d0d4c67?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Charles R. Ullman & Associates","logo":{"@type":"ImageObject","@id":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/logo.png","url":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/logo.png","width":310,"height":78}},"image":{"@type":"ImageObject","@id":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2021\/12\/social-security-benefits-divorce.jpg","url":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2021\/12\/social-security-benefits-divorce.jpg","height":667,"width":1000},"url":"https:\/\/www.charlesullman.com\/social-security-benefits-divorce","about":["Divorce & Separation"],"wordCount":1176,"articleBody":"Many people who divorce are unaware of the fact that, despite the dissolution of their marriage, they may be entitled to collect Social Security spousal benefits based on a former wife\u2019s or husband\u2019s earnings record.As a financial planner for The Motley Fool suggests, many people will get more Social Security retirement benefits on their own record than from a former spouse\u2019s. But if you have a limited work history, collecting Social Security benefits based on an ex\u2019s record could significantly increase your monthly payment.Depending on the circumstances, divorced Social Security beneficiaries may receive: retirement benefits based on their own covered earnings history; auxiliary benefits determined by a living or deceased former spouse\u2019s earnings history; a combination of both.\u00a0As divorce attorneys, Charles R. Ullman & Associates looks at potential Social Security benefits when considering spousal support or preparing our clients for the division of marital assets prior to finalizing a separation agreement. Depending on a client\u2019s age, it may seem like Social Security benefits is an issue to be addressed later. But taking into account all that our clients are due is part of our mission to protect a client\u2019s financial future in a divorce.Who Is Entitled to an Ex-Spouse\u2019s Social Security?You are eligible to collect spousal benefits on a living former wife\u2019s or husband\u2019s earnings record as long as:Your marriage lasted at least 10 yearsYou have not remarriedYou are at least 62 years oldYour ex-spouse is entitled to collect Social Security retirement or\u00a0disability benefits.\u00a0If your ex-spouse has not begun collecting Social Security benefits, you become eligible two years after your divorce. If your ex is already receiving benefits, there is no further waiting period.\u00a0If your ex-spouse dies or has died, you could get survivor\u2019s benefits the same as a widow or widower,\u00a0provided that your marriage lasted 10 years or more. If you remarry\u00a0after you reach age 60\u00a0(age 50 if you are disabled), the remarriage will not affect your eligibility for survivor\u2019s benefits.If you are caring for a child under age 16 or who is disabled\u00a0and receiving benefits on the record of your former spouse, you would not have to meet the length-of-marriage rule to obtain survivor\u2019s benefits. The child must be your former spouse\u2019s natural or legally adopted child. Benefits last until the child turns 16 or is no longer disabled.Benefits paid to a divorced spouse do not affect the benefit amount paid to their former spouse or other ex-spouses or survivors paid benefits on the basis of that spouse\u2019s work record. If there are multiple ex-spouses claiming benefits on one person\u2019s work record, they would all receive the same full amount that one spouse alone would be entitled to receive.\u00a0Social Security Benefits for Divorced WomenTypically, it is a divorced woman who benefits from the ability to receive auxiliary Social Security benefits based on their ex-spouse\u2019s work record. Many women get a higher benefit based on their ex-spouse\u2019s work, especially if their spouse is deceased.Auxiliary benefits are computed for each eligible previous marriage reported by a divorced woman.If an\u00a0ex-husband\u00a0is alive when a woman claims Social Security benefits on his earnings record, the divorced spouse\u2019s auxiliary benefit will be about half\u00a0(50%) of the\u00a0ex-husband\u2019s\u00a0payment.If an\u00a0ex-husband\u00a0is deceased when a woman claims benefits, the auxiliary benefit will be effectively equal to the deceased\u00a0ex-husband\u2019s\u00a0full benefit.The Social Security Administration (SSA) will pay whichever benefit provides the most money. After computing an auxiliary benefit for each eligible marriage, the SSA will select the highest auxiliary benefit and compare it with the divorced woman\u2019s own retirement benefit.A divorced woman who does not have a retirement benefit will receive the full auxiliary benefit as a divorced spouse or a surviving divorced spouse.If a divorced woman\u2019s retirement benefit is less than the highest auxiliary benefit available, the\u00a0SSA\u00a0will supplement her retirement benefit with the difference between it and the full auxiliary benefit.However, if the woman\u2019s retirement benefit is equal to or more than the full auxiliary benefit, she will only receive the retirement benefit she has earned.Divorced Spouses and Social Security DisabilityIf your ex-spouse is receiving Social Security Disability Insurance (SSDI) benefits, you could be eligible for a monthly benefit of up to 50% of their SSDI benefit amount. The requirements are the same as for receiving a retirement benefit based on your ex-spouse\u2019s record. However, other family members may obtain a benefit as well, and there is a limit to the amount a family may receive.The total varies, depending on the disabled individual\u2019s benefit amount and the number of qualifying family members on their record. Generally, the total amount the primary SSDI beneficiary and their family can receive is about 150 to 180 percent of the disabled individual\u2019s benefit.What Information Do I Need to Apply for Divorced Spouse Benefit?When you are within three months of age 62 (or older) you can apply online for spousal Social Security benefits. If it\u2019s easier for you, phone 1–800-772-1213\u00a0(TTY\u00a01-800-325-0778) or go to a local Social Security office (see COVID-19 protocol information).You must prove your eligibility. This requires documents about yourself, your spouse, and your marriage:Birth certificate or other proof of birthProof of U.S. citizenship or lawful alien status if you were not born in the United States\u00a0U.S. military discharge papers if you served before 1968W-2 forms or self-employment tax returns for the most recent filing yearFinal divorce decreeMarriage certificate.You\u2019ll also need your ex-spouse\u2019s Social Security number. If you don\u2019t know it, you\u2019ll be asked for their birth date and place and their parents\u2019 names, which will allow SSA to find the Social Security number.\u00a0That\u2019s just the start. The SSA will have several questions for you. Depending on the information you provide, the SSA may need to ask other questions. If you are working with a lawyer, your attorney will help prepare you to make the process as easy and smooth as possible.Contact an Experienced Raleigh, NC, Divorce LawyerThe potential availability of spousal Social Security benefits after a divorce, whether immediately or down the road, may have a significant impact on your separation agreement and your future finances. If you are considering divorce or have been divorced and have not yet determined how to obtain the full Social Security benefit you are due, we can help.The Raleigh, N.C., law firm of Charles R. Ullman & Associates focuses on family law.\u00a0Attorney\u00a0Charles Ullman\u00a0is a board-certified Specialist in North Carolina family law, a certification that requires additional education, extensive experience, and a written examination. Our legal team focuses on providing compassion and understanding as we guide our clients through the transition to a new life. Phone\u00a0(919) 336-0136\u00a0or\u00a0contact us\u00a0online today to set up an initial consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Social Security Benefits and Divorce","item":"https:\/\/www.charlesullman.com\/social-security-benefits-divorce#breadcrumbitem"}]}]