Social Security and Divorce: What You Need to Know : Action Financial Strategies LLC | New Holstein, De Pere & Cottage Grove, WI

Social Security and Divorce: What You Need to Know

Divorce can be a difficult and stressful time, and navigating the complexities of Social Security benefits can make it even more overwhelming. However, if you were married to a spouse who earned a higher income, there may be a way to increase your Social Security benefits. We’ll explore how divorced spouses can claim Social Security benefits from an ex-husband’s or ex-wife’s Social Security benefit.

Eligibility

It’s important to understand the eligibility criteria for claiming Social Security benefits based on an ex’s earnings. To be eligible, you must:

  • have been married to your ex-spouse for at least 10 years
  • be at least 62 years old
  • currently be unmarried
  • be eligible for Social Security retirement or disability benefits
  • and your ex must be entitled to Social Security retirement or disability benefits

Benefit Amount

If you meet these criteria, you may be eligible to receive a portion of your ex-spouse’s Social Security benefit, even if he or she has remarried. The amount you are eligible to receive will depend on several factors, including your age and the age at which your ex begins receiving Social Security benefits.

To claim Social Security benefits based on an ex-spouse’s earnings, you will need to provide documentation of your marriage and divorce, including your ex’s Social Security number. You may also need to provide information about your own earnings history, including any pensions or retirement benefits you may be eligible for.

It’s important to note that claiming Social Security benefits based on an ex’s earnings will not impact their benefits in any way. In fact, they may not even be aware that you are claiming a portion of their benefit. However...it’s always a good idea to communicate with your ex-spouse about any changes in your Social Security benefits to avoid any confusion or misunderstandings.

Timing

Another important factor to consider when claiming Social Security benefits based on an ex’s earnings is timing. The age at which you begin claiming benefits can have a significant impact on the amount you receive. For example, if you claim benefits at age 62, you may receive a reduced benefit amount. However, if you wait until your full retirement age (which is between 66 and 67, depending on your birth year), you may be eligible for a higher benefit amount.

If you are able to delay claiming benefits until age 70, you may be eligible for even higher benefits, as your benefit amount will increase by a certain percentage for each year you delay claiming benefits beyond your full retirement age, this typically being around an 8% deferral credit each year delayed. However, it’s important to consider your own financial needs and circumstances when deciding when to claim Social Security benefits.

Survivor Benefit

In addition to claiming Social Security benefits based on an ex’s earnings, divorced spouses may also be eligible for other types of benefits, such as survivor benefits. If your ex passes away, you may be eligible for survivor benefits based on their earnings. To be eligible, you must have been married to your ex-spouse for at least 10 years and currently be unmarried or be eligible for benefits based on your own earnings.

It’s important to note that you cannot claim both survivor benefits and Social Security benefits based on an ex’s earnings at the same time. You will need to choose which benefit to claim, as you are only eligible for one type of benefit at a time.

Informed Decisions

Claiming Social Security benefits based on an ex’s earnings can be a valuable source of income for divorced spouses. However, it’s important to understand the eligibility criteria, documentation requirements, and timing considerations when making this decision.

By working with a financial advisor or Social Security representative, you can ensure that you are making informed decisions about your Social Security benefits and maximizing your retirement income.

I hope you found these concepts valuable, and perhaps gave you a few things to consider as you continue to plan your journey down your own financial path.

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Bradley Ruh Owner, Financial Adviser

This material is for general informational purposes only and was produced by Action Financial Strategies, LLC.

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