If you are divorced, you may be able to receive social security benefits based on information provided by your ex-spouse if certain conditions are met.
After a divorce, there are several restrictions on when a former spouse can request social security benefits. Any benefits you are getting from the SSA are unaffected if your ex-spouse applies for SSDI spousal benefits.
Can I Claim Social Security Benefits Even If I am Divorced?
Even if you have since remarried, your ex-spouse may be eligible for benefits based on your record if:
- Your marriage lasted 10 years or longer.
- Your ex-spouse is unmarried.
- Your ex-spouse is age 62 or older.
- The benefit that your ex-spouse is entitled to receive based on their own work is less than the benefit they would receive based on your work.
- You are entitled to Social Security retirement or disability benefits.
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How Much Can I Get?
The family maximum amounts are determined for each specific household and take into account factors such as family size, employment status, and a number of other factors. The SSDI family limit will range from 100 to 150 percent of the claimant’s full entitlement.
Even if your ex-spouse has not yet submitted a retirement application, you are still eligible to apply for benefits based on their entitlement. In contrast, if your ex-spouse has not yet applied for retirement benefits, you must have been divorced for at least two years in a row and be of retirement age yourself.
You may be able to get benefits based on your ex-record spouse’s while delaying the start of your own benefits if you were born before January 2, 1954. If your birthday is on or after that date, you are required to apply for retirement and, if appropriate, ex-benefits in one application.
Even if your ex-spouse has remarried, you can still be eligible for up to 50% of their Social Security benefit. You must wait until you reach full retirement age in order to be eligible for the full 50% of the payment. As with anyone who retires prior to reaching full retirement age, you will receive less money if this is the case.
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