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Determining eligibility for an ex-spouse’s Social Security

On Behalf of | Oct 23, 2023 | Divorce

When it comes to Social Security benefits, many people are unaware of the potential benefits they may be eligible for after a divorce. In the state of Texas, you can be eligible for your ex-spouse’s Social Security under certain conditions.

Meeting these criteria can help you secure a more stable financial future during your retirement years.

Marriage duration

To be eligible for your ex-spouse’s Social Security benefits, your marriage must have lasted for at least ten years. If your marriage lasted less than 10 years, you are not able to take advantage of this benefit.

Age requirement

You must be at least 62 years old to claim Social Security benefits using your ex’s work record. If you try to claim these benefits before reaching 62, you may find yourself ineligible.

Current marital status

Your current marital status also affects your eligibility for your ex-spouse’s Social Security benefits. If you remarry, you generally cannot claim benefits from your ex unless your current marriage ends. However, if your ex-spouse remarries, it does not affect your eligibility.

Ex-spouse eligibility

Your ex-spouse also must be eligible for Social Security benefits in the first place. If your former spouse has not reached the age to claim Social Security or has not accumulated enough work credits, you cannot claim benefits based on his or her record.

Your work status

Your own work history can also impact your eligibility for your ex’s Social Security benefits. If you are eligible for a higher Social Security benefit based on your own work record, you cannot claim benefits from your ex-spouse’s record.

Data shows that an estimated 30% of Americans do not realize claiming Social Security benefits using an ex’s earnings record may be an option. Understanding your own eligibility helps you make smart, informed decisions about your future financial well-being.