10 year rules. Benefits are calculated based on the average monthly income of the covered person. A spouse may receive benefits based on their own or a spouse’s work history. For a spouse who has not worked or had low wages, then the lower earning spouse is entitled to up to one half of the retired worker’s total benefit called the Primary Insurance Amount (PIA). Eligible workers who are fully insured participants in the Social Security system will receive the greater of their own PIA or 50% of the spouse’s benefit, whichever is greater.
Example: If Sally has a PIA calculated at $250 per month and her spouse Jack has a PIA of $1,000 per month, then Sally is eligible for a benefit of $500 per month (or 50% of Jack’s higher PIA).
Divorced spouses who have been married for at least ten years are eligible to receive benefits under the other spouse’s PIA.
To begin receiving benefits, one must be at least 62 years old and not have remarried. If the former spouse remarries, benefits will be calculated and compared to the new spouse’s PIA. If that marriage ends by death or divorce, the former spouse May be eligible for PIA based on prior marriage.
The amount of benefits an ex-spouse receives does not affect the benefit available to the other spouse.
Either spouse who is at least 62 years old and has been divorced for at least two years can begin collecting benefits even if they have not yet retired.
Examples:
Which of the following persons is eligible for retirement benefits under your first spouse’s Social Security retirement benefit provision?
A.) Helen, 62, married 1966-1980, whose ex-husband was employed from 1963-1998. Helen was divorced in 1995, never remarried, and her ex-husband passed away.
B.) Jane, 62, was married from 1969 to 1983. Her first husband was employed from 1963 to 2000. Jane remarried, divorced, and remarried.
C.) Judy, 63, was married from 1961 to 1990 to her first husband, who was employed from 1968 to 2003. After the divorce, she remarried in 1993 to her second husband, who ultimately died in 2004.
D.) Emily, 60, was married to her first husband from 1963 to 1988. She remarried in 1994. Her husband had worked from 1968 to 1998.
E.) Susan, 68, was married from 1980 to 1988 to her first husband, who had been employed from 1963 to 2003. She remarried and divorced her second husband after 6 years.
Based on these examples, only Helen (example A) is eligible to collect a benefit based on her first husband’s employment history. They have been married for more than 10 years, divorced for at least 2 years, and are eligible based on age (62+).
Jane (example B) is not eligible to collect on the first husband basis because she remarried.
Judy (example C) can collect from her second husband.
Emily (example D) is not yet eligible to collect because she is under 62.
Susan (example E) is not eligible because she has been married less than 10 years to both husbands. She would have to rely on her own work record to calculate her PIA.
For personalized help, you should consult with a qualified financial professional who has received training in the special area of divorce financial planning, such as a CERTIFIED FINANCIAL PLANNER (TM) professional or Certified Divorce Financial Analyst.
