In the United States, the divorce rate is decreasing but not for people in all age groups. A recent study found that the divorce rate among residents at least 50 years old has increased by almost 100% over the last 30 years. People who get divorced in their fifties or sixties suffer heavy emotional and financial trauma, even more than those who divorce at a younger age.
Federal workers who are divorced and almost retired from service often ask about the possibility of receiving Social Security benefits based on the work history of their former spouses. Yes, it is possible to receive such benefits, but there are conditions attached to it. One, the receiver should not be younger than sixty-two. Two, they should not have remarried. Three, the broken marriage should have lasted for a minimum of ten years. Four, the benefits they would get based on their work history should be less than they would get based on their former spouse's work history. Finally, the former spouse must be eligible for social security benefits.
Once you meet the above requirements, you don't need to wait until your former partner retires before you can start receiving the benefits. You should only ensure that you have been divorced for no less than two years.
How Much Money Will You Get From a Former Spouse's Social Security Benefits?
Whether you are married or divorced, you are eligible to receive half of your spouse's Social Security benefits (or former spouse, as the case may be). Recall that your Social Security benefits must be more than half of your former partner's benefits before you can apply to receive benefits based on their work history. For instance, if your monthly Social Security benefit is $1500 and your former spouse's is $2000. You will not receive payments based on their work history since your $1500 is more than $1000, which is half of their monthly Social Security benefits.
How Do You Get the Best Out of the Payments?
When you apply for Social Security benefits based on a former partner's work history, nothing matters more than good timing. Eligibility for the payments begins at sixty, as stated earlier. However, since you will not have reached your full retirement age, you can only receive a reduced portion of the benefits until you attain your full retirement age. To obtain the payments without reductions, you have to wait until you are of full retirement age. Though waiting beyond your full retirement age won't bring additional benefits like it would when applying based on your work history.
Social Security will reduce their payments using the retirement earnings test for workers who apply for spousal benefits while still working. In addition, those born on or before January 1, 1954, can receive only their former spouse's benefits while delaying their retirement payments. Such options are not available for those born at a later date. Also, workers eligible for a pension from an employer that pays Social Security taxes will have reduced payments based on the Government Pension Offset.
If you are worried that you will be reducing your former spouse's benefits, be assured that they and their new spouses would still receive the same benefits. In addition, if you married and divorced multiple partners, you can receive Social Security benefits based on the work history of any of them.
Can I Still Receive Social Security if My Former Spouse is Deceased?
Almost the same set of rules apply if your former spouse is deceased. You still have to have been married to them for at least ten years and be eligible to receive more from their work history instead of yours. However, if your former spouse is deceased, you can start receiving benefits based on their work history at sixty instead of sixty-two. People with physical challenges can begin receiving their benefits at fifty.
If any of the deceased's children are in your care, you may also receive "child in care" payments. These patients will only be available if the child is sixteen or younger or disabled. Child in care payments are not available for divorced spouses with living former partners.
How Do You Apply for a Former Spouse's Social Security Benefits?
To apply, you have to produce the following documents:
A birth certificate or other proof of birth.
Proof that you are a U.S citizen or allowed by law to live in the U.S
United States Military discharge papers for those who served before 1968
W-2 forms(s) and/or tax returns of self-owned businesses
Marriage certificate.
Final divorce decree.
Social Security Administration (SSA) will only accept the originals of almost all the documents. You can only use duplicates of tax and medical records. However, the SSA encourages applicants to start the application process even if their records are incomplete.
Above all, ensure you seek professional counsel before you apply for Social Security benefits. If you do that, you will be able to make the most of your Social Security benefits regardless of whether you are divorced, single or married.
