- When your ex-wife or ex-husband collects benefits based on your work history instead of their own, it does not affect your benefits. The amount of money you receive from Social Security remains unchanged, and the funds that your present spouse and any qualifying children may claim based on your earnings record remain unaffected.
- A former spouse must meet certain eligibility guidelines to access benefit payments based on your earnings. The marriage between yourself and this spouse must have lasted for 10 years or more. The former spouse must be 62 years old or older, and he must not be eligible for a larger Social Security benefit based on his own earnings. He must also meet Social Security requirements concerning remarriage.
- If your former spouse remarried before turning 60, he is not eligible to file a claim on your Social Security while he is married. If he becomes widowed, divorces or obtains an annulment, his eligibility is renewed. If your spouse is 60 or over, he can remarry and retain his ability to claim based on your work.
- Just because your ex-husband or ex-wife is eligible to collect based on your earnings does not mean that their entire Social Security benefit derives from your work. The Social Security Administration first determines whether your spouse is entitled to benefits based on his own work and pays out his retirement benefit first. When your benefit is greater than your former spouse's benefit, an additional amount is added to his benefit to make it equal to your benefit. While the amounts are the same, your ex-spouse is still technically receiving a partial payment based on his own work.
previous post