By Stanley A. Tomkiel, III
You may be able to collect benefits on your ex-spouse's social security earnings record even though you are divorced and even though he (or she) is still working and hasn't even applied for benefits.
Of course, if you are working, your own annual earnings will affect the benefits the same as if you receive benefits on your own account. But even if you are entitled on your own earnings record, you may still be able to collect the difference between your own benefit amount and the amount of the spouse's benefit on the ex-spouse's account. The spouse's benefit is one-half of the worker's primary insurance amount, that is, the benefit calculated on the earnings record before any age reduction. If you are under age 65, regardless of the spouse's age, the benefit is reduced in accordance with the usual rules. For a full discussion of the calculation of benefit amounts and age reductions, see my book, The Social Security Benefits Handbook, available through this website.
To qualify, you must be divorced at least two years. The two-year requirement is designed to avoid any incentive for divorce solely to take advantage of this provision. If the ex-spouse has not filed for social security, he must be otherwise eligible. This means he must have the required work history and be at least age 62, or totally disabled, but it is not necessary that he (or she) actually be receiving benfits.
You must be the wife or husband of the worker as defined by Social Security, (note that some relationships may qualify even if the marriage is not technically legal). You must have been married to the worker for at least ten years immediately before the divorce became final (you cannot add up the years married to one man if you were divorced and then re-married to the same man).
You must file an application and be at least age 62. You cannot be entitled as a divorced wife if you are under age 62 even if you do have a young child in your care.
You must be unmarried at the time you apply, but if you remarry, the benefits will terminate, unless you remarry another social security beneficiary, other than a retired worker or disabled worker.
If you receive benefits as an ex-spouse, the benefit amounts of other
dependent beneficiaries on that account will not be affected. This means
that if the ex-spouse and his/her current spouse are receiving benefits,
they will not be reduced because you also receive benefits on the same account.
To receive the Social Security Benefits Handbook click here. This comprehensive guide answers many of the questions individuals seek regarding social security benefits. Easy to read. Highly informative. If you are looking to maximize your benefits, get everything you deserve and minimize the red tape, then this book is a must. Ordering is handled through Amazon.com at a substantially discounted price. After ordering please use you browsers back button to return to this page.