Divorcees may still be eligible
If you are divorced you could potentially still receive spousal benefits, but there are rules that apply. For starters, you must have been married for 10 or more years and you can't be remarried.
What are the marriage requirements to receive Social Security spouse's benefits? Generally, you must be married for one year before you can get spouse's benefits. However, if you are the parent of your spouse's child, the one-year rule does not apply.
The first exception, which can be deemed as the Social Security spousal benefits loophole, works where an individual who remarries at 60 or later may still be entitled to Social Security survivors' benefits if the second marriage ends before the death of the first spouse.
Your spouse must be receiving benefits for you to get benefits on their work record. If your spouse does not receive retirement or disability, you'll have to wait to apply on your spouse's record. In addition, to be eligible for spouse's benefits, you must be one of the following: 62 years of age or older.
If the spouses divorced, the marriage must have lasted 10 years. Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.
The Social Security 5-year rule refers specifically to disability benefits. It requires that you must have worked five out of the last ten years immediately before your disability onset to qualify for Social Security Disability Insurance (SSDI).
Spouses and ex-spouses
Payments start at 71.5% of your spouse's benefit and increase the longer you wait to apply. For example, you might get: Over 75% at age 61.
Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.
A wife with no work record or low benefit entitlement on her own work record is eligible for between one-third and one-half of her spouse's Social Security benefit.
So, as long as the SSA recognizes your marriage (and you might not need a marriage license), if you stayed home and took care of the kids for a number of years (or even if you didn't have kids), you'll likely be entitled to collect Social Security benefits based on your spouse's earnings record.
In some states, such as California, in a marriage of ten years or longer, the court retains the right to order that alimony is paid to the lesser-earning spouse for as long as she needs it if the other spouse has the ability to pay.
Remarriage at any time makes the widow potentially eligible for spouse benefits on her new husband's work record, so marriage is unlikely to leave a woman ineligible for Social Security.
Past and present marital status determines potential benefit eligibility (typically, one must be currently married, widowed, or have had a 10-year marriage to qualify), and the benefit amount is based on a person's lifetime earnings record in relation to a current or former spouse.
Exceptions to the 10-year rule include spouses, minor children, disabled or chronically ill beneficiaries, and those close in age to the original account holder.
If your spouse dies, do you get both Social Security benefits? You cannot claim your deceased spouse's benefits in addition to your own retirement benefits. Social Security only will pay one—survivor or retirement. If you qualify for both survivor and retirement benefits, you will receive whichever amount is higher.
Exactly how much in earnings do you need to get a $3,000 benefit? Well, you just need to have averaged about 70% of the taxable maximum. In our example case, that means that your earnings in 1983 were about $22,000 and increased every year to where they ended at about $100,000 at age 62.
The Bottom Line. A number of situations could put your pension at risk, including underfunding, mismanagement, bankruptcy, and legal exemptions. Laws exist to protect you in such circumstances, but some laws provide better protection than others.
A married spouse without an earnings record (or whose record would result in a lower Social Security payment) can collect on his or her spouse's earnings record when his or her spouse turns 62. Collecting Social Security at 62 has some advantages.
you're eligible for some of your ex's Social Security
wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.
Key Features of the New Rule
Starting September 30, 2024, anyone who has not previously registered with us and who wants to be appointed as a representative must register with us using the Form SSA-1699 before we will recognize a new appointment request.
Bottom Line. Social Security for non-working spouses allows them to claim up to half of their partner's full retirement benefit. They can start receiving benefits at 62, but waiting until full retirement age increases the amount.
Do not tell the doctor you are “okay,” “fine,” or “pretty good” when you are there for an assessment of your condition. Even saying this out of habit could jeopardize your claim. Be honest about your complaints, symptoms, and other details of your condition.