Understanding Social Security Benefits After Divorce

By: Attorney Alexis L. Doree

If you are divorced and living in North Dakota, you may be eligible to collect Social Security benefits based on your ex-spouse’s work history. Knowing what to qualify for and what benefits are available can help you plan for a more secure retirement.

Who Can Qualify?

To get Social Security benefits based on your ex’s earnings, you must meet the following requirements:

1. You have been divorced for at least two years;
2. You are anywhere between 62 and 70 years old, and
3. You are not currently married.

What Benefits Can You Receive?

If you qualify, here is what may be available to you:

• Up to 50% of your ex-spouse’s full retirement benefit if you wait until your Full Retirement Age (“FRA”) to claim;
• A permanently reduced payment if you claim benefits before FRA;
• If your ex-spouse passes, you could receive their full retirement benefit as a survivor benefit.

How are Benefits Calculated?

Your benefits will be based on whichever amount is higher—your work history or your ex-spouse’s. If your benefits are greater, you’ll receive those instead. However, waiting past your FRA will not increase spousal benefits, unlike personal benefits.

You can get an estimate of what your benefits will be through the SSA website.

Good to Know

• You can claim benefits even if your ex-spouse has remarried;
• You can still claim benefits even if your ex hasn’t retired (so long as they are at least 62 years old and you have been divorced for a minimum of two years);
• Claiming benefits does not affect your ex’s benefits or those of their current spouse;
• The Social Security Administration will not notify your ex that you have applied!

How to Apply

1. Online at www.ssa.gov;
2. By phone at +1 (800) 772-1213; or
3. In person at your local SSA office.

Conclusion

If you qualify, collecting Social Security benefits based on your ex’s work history can give you added financial security in retirement without impacting your benefits. If you are unsure about eligibility or need help navigating the process, having an experienced family law attorney at your side can be invaluable. Please contact our office at +1 (701) 775-0654 or email us at lawinfo@rosenquistlawoffice.com to schedule a free consultation today.

*The information in this article and on this website is for informational purposes only. This information is not legal advice and should not be relied upon.