Frequently Asked Questions: Can an Ex-Spouse Claim Social Security After Divorce?

Any divorce has the potential to get messy and complicated, and sorting out the finances is often one of the most pressing challenges to overcome during negotiations. Given that there are nearly 70,000,000 Social Security recipients in the U.S., it’s fair to say that Social Security benefits are a point of contention in many divorces.

When working with clients, we often field questions about who can (and cannot) claim Social Security after a divorce. Here’s a brief overview of how Social Security benefits may factor into a divorce agreement and an explanation of when an ex-spouse may be entitled to collect benefits on their former partner’s record.

What is Social Security?

Social Security is a colloquial term for the federal Old-Age, Survivors, and Disability Insurance (OASDI) program, which is overseen by the United States Social Security Administration (SSA). Workers pay into Social Security via payroll or self-employment taxes across their lifetimes to provide them with a safety net after they retire or in the event that they become disabled.

Spouses and certain eligible family members can qualify to collect benefits on a worker’s record in the event that their loved one dies. When a worker becomes disabled, a spouse may also qualify for spouse’s benefits on the disabled worker’s record.

The SSA designed survivor benefits to help spouses and family members meet their needs in the wake of a reduction in familial earning potential. Since workers pay into Social Security throughout their entire lives, it’s only fair that their benefits do not go to waste should they pass away or become disabled prior to reaching retirement age.

Ex-spouses and Social Security Benefits: FAQ

In addition to survivors of deceased workers, some ex-spouses can also collect Social Security benefits on their former spouse’s record. As a result, Social Security often comes up during divorce negotiations. Many workers wonder whether they will have to share their benefits with their ex as part of their divorce, and ex-spouses wonder if they’re even eligible to collect benefits at all.

Here are some answers to common questions about Social Security benefits post-divorce:

1.   Can I collect Social Security on my ex’s record? 

It depends. If you were married for at least 10 years, you’re 62 or older, and you’re unmarried, you may qualify on your ex’s record. If your ex hasn’t filed for benefits, but is eligible, you must have been divorced for at least two years to claim benefits on your qualifying ex-spouse’s record.

2.   How old do I have to be in order to collect benefits?

You must be at least 62 years of age in order to collect benefits on your ex’s record.

3.   I made more money than my ex. Can I still claim benefits on their record?

Possibly, if you are eligible, but SSA will only pay you the higher of your own benefit or your divorced-spouse benefit.

4.   What happens if I get remarried?

Generally, if you remarry, benefits received from your divorced spouse will stop while the new marriage is in effect. Remarriage rules are different, though, if you remarry after age 60. Marriage after 60 does not bar survivor benefits (or after age 50 if you are disabled).

5.   Will my ex have their benefits reduced if I make a claim on their record?

No. If you receive benefits on a former spouse’s record, it will not impact your ex’s payouts in any way.

Many divorced individuals are entitled to benefits based on their ex’s work history without even realizing it. An experienced divorce attorney can help you better understand the factors that might impact your eligibility and ensure you don’t overlook any potential sources of compensation during negotiations.

Am I eligible for Social Security survivor benefits after divorce?

If your ex-spouse has passed away, you may also qualify for survivor benefits. The eligibility requirements for survivor benefits are similar, but different. In order to qualify for survivor benefits on your deceased ex’s record, you:

1. Must have been married for at least 10 years
2. Must be at least 60 years of age (or 50 if you are disabled)
3. Must not have remarried before the age of 60 (or age 50 if you are disabled)

Just as with retirement benefits, it’s important to check whether your survivor benefits would actually outweigh your own benefits. Your attorney can help you weigh all of your options and steer you towards the decision that would be most advantageous for you.

Will collecting Social Security impact my alimony?

We often get questions about whether claiming Social Security payments on an ex’s record will impact a client’s ability to collect alimony. In North Carolina, courts consider all income sources—including Social Security—when determining alimony.

However, just because you are eligible for Social Security on your ex’s record does not mean that you should accept less spousal support. Social Security is independent of divorce settlements. They’re treated as income for alimony purposes. It’s also worth noting that your ex does not have to sign off on your Social Security claim in any way. Those benefits are yours to claim, and you don’t need permission to collect.

As a general rule, it’s wise to take advantage of all income streams available to you while navigating a divorce. This is especially true when a divorce occurs later in life, after a life-altering disability or following the loss of a former spouse. All of these scenarios can lead to far-reaching financial uncertainty, which is why it’s so important to leverage any and all benefits afforded to you under North Carolina law.

Final thoughts

For many divorced individuals in North Carolina, the opportunity to claim benefits on a former spouse’s work record can provide financial stability and peace of mind in seasons where comfort and safety should be a priority. Whether your ex retired, became disabled, or sadly passed away, you may be able to claim Social Security benefits on their record in order to access the resources you need while living on your own.

If you’re going through a divorce and need additional clarity around how Social Security benefits might work in your case, the experienced team at Epperson Law Group, PLLC, might be able to help. With offices located across the state of North Carolina, we are standing by to support you as you explore all of your options.

Give us a call today or fill out our online contact form to speak to a member of our team. We’d love to provide you with the information and clarification you need to ensure you’re making the most of all the benefits to which you are entitled during or after your divorce.