Frequently Asked Questions: Qualifying for Social Security Benefits During or After Divorce

To qualify for insurance benefits, a person must meet three requirements:

1. Be a "fully insured individual" as defined by statute;
2. Have attained age 62; and
3. Have filed an application for benefits.

If a person meets these requirements, he or she is entitled to a monthly benefit beginning the first month in which all three criteria are satisfied continuing until death.

The term "fully insured individual" means a person has accumulated sufficient quarters of work coverage under Social Security. Specifically, at least one quarter of coverage for each calendar year after 1950 (or, if later, the year you turned 21) and before the year of death or turning 62, with a minimum of six quarters of coverage required in all cases. Alternatively, a person is fully insured if having 40 quarters of coverage, regardless of when they were earned.

A person may begin receiving reduced retirement benefits as early as age 62. However, the benefit amount will be permanently reduced if claimed before reaching full retirement age. Full retirement age varies depending on birth year. 42 U.S.C. § 416(l). If a person delays claiming benefits until past full retirement age, the monthly benefit increases until the person reaches age 70, after which there is no additional increase. There are limitations on the receipt of other income if accepting social security benefits, which is something to consider with regards to when to start receipt.

The amount is based on a statutory formula including the average monthly earnings during working years.

Yes. If a couple was married for at least ten years (measured from the date of marriage to the date the divorce became final), the ex-spouse may be entitled to benefits based on a spouse’s earnings record if:

1. The wage earner is entitled to benefits;
2. The ex-spouse has filed an application for spousal benefits;
3. The ex-spouse has attained age 62 (or, if caring for your child under age 16 or disabled, regardless of age);
4. The ex-spouse is not currently married; and
5. The ex-spouse is not entitled to a higher benefit based on their own earnings record.

An ex-spouse who is age 62 or over and has been divorced for at least two years may receive benefits based on the worker’s earnings even if the worker has not yet retired or applied for benefits.

No. The benefits paid to an ex-spouse do not reduce the amount that the wage-earner receives. The primary insurance amount and monthly benefit remain the same regardless of how many ex-spouses qualify for benefits on the record. There is no statutory limit on the number of ex-spouses who may collect benefits based on one worker's earnings, as long as each ex-spouse meets the eligibility requirements.

If the ex-spouse qualifies for spousal benefits and has reached full retirement age, they will receive 50% of the wage earner's primary insurance amount. If the ex-spouse claims benefits at age 62 (before full retirement age), the benefit is reduced by approximately 25%. This reduction is permanent; the benefit does not increase to the full 50% upon reaching full retirement age. However, if the ex-spouse is caring for the wage earner's child who is under age 16 or disabled, they receive 50% of the wage earner's benefit regardless of their own age.

If the former spouse is married at the time they apply for benefits, they cannot collect spousal benefits based on the prior spouse's record. Instead, they may be eligible based on the current spouse's earnings record, or their own. However, if the ex-spouse remarries and that subsequent marriage ends in divorce, he or she may become eligible again to collect benefits on the prior spouse's record, or on the record of the more recent ex-spouse, whichever provides the higher benefit.

If an ex-spouse dies and the parties were married for at least ten years before the divorce became final, the surviving ex-spouse may be entitled to widow's or widower's benefits. These benefits are generally equal to 100% of the deceased worker's primary insurance amount subject to certain reductions and adjustments.

No. If an individual is entitled to both a spousal benefit and their own retirement benefit, Social Security will pay the higher of the two—not both.

When a parent retires or becomes disabled and a child receives Social Security derivative benefits (benefits paid to the child based on the parent's earnings record), those payments are made for the benefit of the child due to the parent's work history. While they are not directly considered child support, they are funds that reduce the need for child support, therefore are included in the support calculation.