Can my ex-wife claim SS benefits from my work history after 15-year marriage without reducing my payments?
I've been wondering about how my ex-wife's Social Security benefits might work. We were married for 15 years and during that entire time, I was the only one working and paying into Social Security. She never really had enough work credits on her own. Now that we're getting closer to retirement age (I'm 58, she's 56), I'm trying to understand if she's eligible for any benefits based on my work record. If she is eligible, would her claiming benefits reduce my monthly payment when I eventually file? I don't want to shortchange her, but I'm also trying to maximize my own retirement security. Anyone deal with this situation before?
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Diego Ramirez
Yes, your ex-wife can claim spousal benefits based on your work record as long as: 1) you were married for at least 10 years (which you were), 2) she is currently unmarried, and 3) you are entitled to receive Social Security benefits. The good news for you is that her claiming on your record will NOT reduce your benefit amount at all. It's completely separate from your benefit calculation.
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ShadowHunter
•That's a relief! Do I need to do anything to help her claim, or is that completely on her to figure out? And does she have to wait until I actually start collecting benefits?
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Anastasia Sokolov
my cousin went through this exact thing last year!!! the ex got like half of what he gets but it didnt effect his payment at ALL. ssa has seperate funds for exspouses i think
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Sean O'Connor
•That's not quite accurate. Ex-spouses don't get "half" automatically - they get up to 50% of the worker's full retirement age benefit IF that amount is higher than their own benefit. And there's no separate fund - it all comes from the same Social Security trust fund. But you're right that it doesn't affect the worker's benefit amount.
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Sean O'Connor
To add some important details: Your ex-wife can receive up to 50% of your Primary Insurance Amount (PIA) at her Full Retirement Age (FRA), but ONLY if that amount exceeds what she'd get based on her own work record. Also, she doesn't need to wait for you to actually file for benefits as long as you're eligible for them (age 62+) and you've been divorced for at least 2 years. The Independently Entitled Divorced Spouse benefit is designed specifically for this situation.
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Zara Ahmed
•wait so she could claim benefits on his record even if he doesn't file yet? that doesn't seem fair somehow
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Sean O'Connor
•Yes, after 2 years of divorce, she can file independently of his claiming decision - that's what makes it an "independently entitled" benefit. This rule exists specifically so ex-spouses can't block each other from receiving benefits by delaying their own filing.
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Luca Conti
The SSA DELIBERATELY makes this confusing!!! When I went through divorce after 22 years of marriage, they kept giving me different answers about ex-spouse benefits. First they said I needed to wait until my ex filed, then another person said I didn't! THEN they told me I'd only get 35% not 50%!!! It's ALL about who you talk to there. RIDICULOUS bureaucracy!!
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Nia Johnson
•When I had similar issues getting clear answers from SSA, I found this service called Claimyr (claimyr.com) that got me through to an actual agent in about 20 minutes instead of waiting on hold for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Totally worth it to get definitive answers directly from an SSA rep, especially for complicated situations like divorced spouse benefits where the rules have special exceptions.
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CyberNinja
This is one of those situations where its good to know ur rights in advance. My sister just went through this whole mess. She was married 11 years, divorced for 5, and didnt know she could claim on her ex's record! Shes been struggling on her tiny retirement when she could have been getting way more. dont let your ex miss out if shes entitled to it
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ShadowHunter
•That's exactly why I'm trying to figure this out now, even though retirement is still a few years away. I don't want either of us to leave money on the table. We're on decent terms, so I'd definitely let her know about this option.
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Diego Ramirez
One more important point - if your ex-wife remarries, she generally loses eligibility for benefits on your record. However, if that marriage ends (by death, divorce, or annulment), she could become eligible again to claim on your record. The rules around divorced spouse benefits have several specific exceptions that can be confusing.
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Anastasia Sokolov
•thats crazy! so ppl might stay unmarried just to keep their ex's benefits? seems like a weird system
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Diego Ramirez
•It can create that incentive, yes. Some people do make remarriage decisions with Social Security benefits in mind, especially if the potential benefit from an ex-spouse with high earnings would be significantly more than what they'd get from their new spouse's record.
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Zara Ahmed
just wondering... does this work the other way around too? like if the wife was the main earner and husband didn't work much?
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Sean O'Connor
•Absolutely! The ex-spouse benefits work exactly the same regardless of gender. An ex-husband who was married for at least 10 years can claim on his ex-wife's work record if her earnings were higher. The same rules apply about marriage length, current marital status, and benefit amounts.
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Nia Johnson
Your ex-wife should contact SSA directly or create a my Social Security account online to get a personalized estimate of what she might receive. The calculation can get complicated because the SSA will automatically give her the highest benefit she's eligible for - either her own retirement benefit or the divorced spouse benefit. Also, if she claims before her FRA, her benefit amount will be permanently reduced.
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ShadowHunter
•That's good advice. I'll suggest she create an account. Do you know if the SSA will automatically check if she's eligible for ex-spouse benefits, or does she need to specifically apply for that?
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Nia Johnson
•She needs to specifically tell them she's applying for divorced spouse benefits and provide information about the marriage. The SSA doesn't automatically check marital history when someone applies for benefits. She'll need to provide proof of the marriage and divorce (certificates) and your Social Security number would be helpful (though not absolutely required).
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CyberNinja
forgot to mention... she should apply like 3-4 months before she wants benefits to start! SSA takes FOREVER to process these claims especially for divorced spouses where they gotta verify the marriage history
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