There are some special Social Security benefits for married couples. What if you divorce? What happens to those advantages?

While married, both spouses are eligible to collect Social Security based upon their own earnings. A lower-earning spouse has the opportunity to collect ½ of the higher-earner’s benefit, or their own… whichever is higher. It is possible for a lower earning spouse to collect their own lower benefit while awaiting a spousal benefit to grow. But when marriages end, that doesn’t necessarily mean that spousal benefits end as well.

If you divorce, you could be eligible to collect spousal benefits based upon a living former wife’s or husband’s earnings record if:

• You have not remarried.
• You are at least 62 years old.
• The marriage lasted at least 10 years.

If your divorce is at least two years old and your ex has not begun collecting his or her benefits yet… you can claim ex-spousal benefits. Waiting two years is not necessary if your ex is already collecting. The most that you can collect is 50% of what your ex would be entitled to at their Full Retirement Age.

I heard of one very messy divorce whereby the higher-earning spouse wanted the divorce settlement to say that the ex would not be able to collect ex-spouse benefits. That would not be allowed. A former spouse has no control over your future benefits. When one qualifies for two benefits – your own and ex-spousal benefits – the SSA will pay out the higher of the two.

Ex-spouse benefits do not affect the higher-earner’s benefits in any way. They are not reduced because one or more ex-spouses collect based upon the same higher-earning ex.

One can contact the SSA and request ‘auxiliary beneficiary’ information to get the name of an ex who may be collecting on your record.