Key facts
- A woman is seeking Social Security benefits as a divorced spouse based on her ex-husband's work record.
- She experienced conflicting information from the Social Security Administration regarding her eligibility.
- Eligibility for divorced spouse benefits requires a marriage of at least 10 years and the claimant not being remarried.
- Both individuals must be at least 62, and the divorce must be at least two years old or the ex-spouse must be claiming benefits.
- The ex-spouse benefit is typically half of the ex-spouse's primary insurance amount (PIA) at full retirement age.
- The ex-spouse benefit is only paid if it exceeds the claimant's own Social Security benefit.
A woman who was married for 23 years and subsequently divorced due to infidelity is seeking guidance on claiming Social Security benefits based on her ex-husband's work record. She has encountered conflicting information from the Social Security Administration (SSA), prompting her to seek clarity on the eligibility requirements and application process.
According to SSA rules, an ex-spouse may be eligible for benefits if the marriage lasted at least 10 consecutive years, and the claimant is not currently remarried. Both the claimant and the ex-spouse must be at least 62 years old, and the divorce must have been finalized at least two years prior, or the ex-spouse must already be receiving retirement benefits. If these conditions are met, the ex-spouse can receive a benefit equal to half of the ex-spouse's primary insurance amount (PIA) if claimed at their full retirement age. This benefit is only paid if it is higher than the claimant's own earned Social Security benefit.
Remarrying before claiming benefits changes the eligibility criteria; in such cases, spousal benefits would be based on the current spouse's work history. However, if the current marriage ends in divorce or death, the individual may then be able to claim benefits based on a previous ex-spouse's record if they meet all the necessary rules.