When your Ex Dies — Are You Entitled to Social Security Benefits? Depends
From alimony and child support to the equal distribution of property there are many things to consider and negotiate when a marriage has come to an end. As we see the age of divorcing spouses beginning to rise, special consideration must be given to issues that affect those clients close to retirement age. The most prevalent of these issues, being Social Security Benefits, is often overlooked in the divorce proceedings, leaving the divorced dependent spouse not knowing what rights they have (or if they are even entitled) to their former spouse’s benefits.
Social Security is a government program designed to provide working individuals and their dependents monetary support after they retire or are unable to continue working due a disability. Social Security not only includes retirement benefits, but provides disability income and veteran’s pensions, as well as other benefits to help defray a loss of or reduction in income. This article will discuss the eligibility criteria of a dependent spouse as well as the steps that he/she must take in order to begin receiving benefits.
A dependent spouse can be entitled to as much as one-half of their former spouse’s benefit amount when he/she reaches full retirement age. In order for a divorced spouse to receive benefits, the following criteria must be met:
- The marriage lasted 10 or more years.
- The divorced, dependent spouse has not remarried.
- The divorced, dependent spouse is not entitled to benefits on his or her own record which exceeds one-half of the former spouse’s unreduced benefits.
- The divorced, dependent spouse is 62 years of age or older.
In addition to the above criteria, the former spouse must be eligible (but not necessarily receiving) their own benefits.If the former spouse is eligible but has not yet applied to receive their benefits, the divorced, dependent spouse can do so as long as all of the requirements above are met and the divorce order has been final for at least two years. If the divorced, dependent spouse is already receiving benefits, then the two-year waiting period does not apply.If a divorced, dependent spouse remarries, they are no longer entitled to their former spouse’s benefits.
In the event that the former spouse is deceased, divorced, dependent spouse may be able to collect Social Security benefits as early as 60 years old, and 50 years old if disabled. In order for the divorced, dependent spouse to collect, the deceased must have been fully insured at the time of death, as well as meet the criteria in numbers 1, 2, and 3 above. Under these circumstances, the benefit rate will become 100 percent of the former spouse’s benefit amount.
If the former spouse is deceased and the marriage did not last for10 years, a divorced, dependent spouse may also be eligible to receive benefits. This exception is seen most often when the divorced, dependent spouse is caring for the former spouse’s child who is under the age of 16 or disabled. To qualify for this early distribution of benefits, the divorced, dependent spouse must be unmarried, and not entitled to an equal or higher benefit amount on their own record.These benefits will continue for as long as the child is disabled or under the age of 16.
The payments that are received by the surviving dependent spouse do not affect the benefit rates for other beneficiaries. There is no limitation on how many divorced, dependent spouse can receive benefits on the deceased worker’s record.
Once eligible, a dependent spouse must apply for these benefits in order to receive them. Applying for benefits is relatively simple and can be done by visiting the Social Security Administration ( SSA) Web site (www.ssa.gov), contacting the SSA by phone (1-800-772-1213), or going to a local office and meeting one on one with an SSA representative.
Upon completing the application, the applicant must provide the SSA with their original birth certificate, Social Security card, marriage license and divorce decree. A copy of a death certificate must be provided as well if the applicant is applying for surviving dependent spouse benefits. With the importance of the required documents in mind, it is recommended that the applicant meet with a SSA representative at their local office to avoid the mailing of these very important documents.
In many instances, the divorced, dependent spouse will receive a higher benefit than their own earned benefit based on the former spouse’s work record, especially in the case of survivor benefits. To receive an estimate of divorced, dependent spouse benefits, contact the SSA with the former spouse’s social security number and a representative may be able to supply this information over the phone.
