ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

Social Security Benefits: Benefits for Divorced Spouse

Updated on January 12, 2011
Source

Overview: What are Social Security Benefits

Social Security is a simple concept and the benefits of Social Security are easy to understand. It is a program that every US Citizen will encounter at some point or another.Social Security is a government set programs in which you pay a portion of your income taxes to the government, so they can maintain the Social Security program and all its benefits. The tax money is used toward: 

  • People who already have retired;
  • People who are disabled;
  • Survivors of workers who have died; and
  • Dependents of beneficiaries.

Can Your Divorced Spouse Receive Social Security Benefits?

If you divorced, your ex-spouse can receive Social Security benefits if the following three conditions are met:

  • Your marriage lasted 10 years or longer;

  • Your ex-spouse is unmarried;

  • Your ex-spouse is age 62 or older;

  • The benefit that your ex-spouse is entitled to receive based on his or her own work is less than the benefit he or she would receive based on your work; and

  • You are entitled to Social Security retirement or disability benefits.*

    *If you have not applied for retirement benefits, but can qualify for them, your ex-spouse can receive benefits on your record if you have been divorced for at least two years.

    (Source: Social Security Online)

Other Conditions

If your spouse remarries, usually they can not collect benefits on your record unless their marriage legally ends.

If your divorced spouse is eligible for retirement benefits, that amount will be paid first. Here are some restrictions to watch out for:

  • If the benefit on your record is a higher amount, he or she will get a combination of benefits that equals that higher amount (reduced for age).

  • If your divorced spouse has reached full retirement age* and is eligible for a spouse's benefit and his or her own retirement benefit, he or she has a choice.
  • If your former spouse continues to work while receiving benefits, the same earnings limits apply to him or her as apply to you. If he or she is eligible for benefits this year and is also working, you can use the earnings test calculator to see how those earnings would affect those benefit payments.
  • If your former spouse will also receive a pension based on work not covered by Social Security, such as government or foreign work, his or her Social Security benefit on your record may be affected.
  • The amount of benefits your former spouse receives has no effect on the benefits that your current spouse may be eligible to.

*Click the link to use the table on that webpage to calculate full retirement age. Or similarly, click the link at the right.

If You Need More Information

 If you found this article helpful please remember to:

Vote it UP!

Share it.

Leave a comment or question.

-Thank you!

Comments

    0 of 8192 characters used
    Post Comment

    • Londonlady profile imageAUTHOR

      Laura Writes 

      7 years ago

      Unfortunately, I can't send an e-mail, there's some technical difficulties. But to answer your question, if he remarries you do not get part of his SS. You still get w/e is on his 401k, until he changes your name on there, to his current wifes name.

    • profile image

      bonnie ivey 

      7 years ago

      your answer can be sent to that e-mail address please

    • profile image

      bonnie ivey 

      7 years ago

      so if my former husband remarries do i still get part of his social security.in divotce dacree i am entitled to half his 401k.can new wife contest this

    • Rhonda Waits profile image

      Rhonda Musch 

      7 years ago from The Emerald Coast

      A very useful hub.

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)