Ask Larry

Can I Get Benefits From My Wife's Social Security Record When We Get Divorced?

Dear Larry,
I am a seventy three years old and presently collecting Social Security. It's a very small check $668.00 and I depend on that check for my monthly survival. I am presently going through a divorce and was told I can get extra money added to my check from my wife's SS even though she is presently not receiving benefits yet. She just turned sixty five on July 3, 2020 and doesn't plan on taking her SS till seventy. I've called SS four times and received four completely different stories.
Please help Larry this extra money right know could make a world of difference to me.

Thank you,
Jerry

Hi Jerry,

As long as your ex-spouse is living, you could only qualify for divorced spousal benefits in addition to your own benefits if 50% of your ex-wife's primary insurance amount (PIA) is higher than your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

Even if your soon to be ex-wife's PIA is more than twice as much as yours, though, the earliest that you could qualify for divorced spousal benefits is effective with the earlier of a) your ex-wife's first month of entitlement to her Social Security retirement or disability benefits, or b) 2 years after the month that your divorce is final (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). So, unless your soon to be ex-wife starts drawing her benefits before then, you won't be able to collect divorced spousal benefits at least until 2 years after your divorce is finalized.

Best, Jerry

Posted: 
Aug 18 2020 - 11:44am
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.