I’ve been married for 42 years and worked throughout those years. To my surprise, my husband has been planning a divorce to coincide with his retirement (I have notes in his writing). I will not retire for seven more years. Can I request half of his Social Security benefits as settlement in the divorce?
— Surprised Single
Dear Surprised,
I’m sorry for your circumstances; this sounds shocking and difficult to absorb. Financially, I have good news for you: You don’t have to fight for Social Security benefits from an ex-spouse. The Social Security Administration lets you claim up to half of his benefit amount as a matter of course. This doesn’t affect the amount he receives, and it’s the same benefit you could receive if you were still married in retirement.
To be eligible for spousal benefit from an ex-spouse’s record, you have to have been married for at least 10 years, so you should qualify. Because you’re probably also eligible to receive your own Social Security retirement benefit, you should apply on both records. You’ll receive the higher amount of the two benefits.
If your ex-husband were to die before you claim benefits, you can still apply for survivor’s benefits on his account. You’ll become ineligible to receive any benefits on your ex-husband’s record if you remarry, unless the new marriage ends in annulment, divorce or death.
You can apply for these benefits anytime you’re eligible. Use the SSA’s Retirement Planner to see what you could receive and determine the best time to apply for benefits.
If you want to benefit from your ex-husband’s income beyond your spousal benefit, you’ll need to request spousal support (a.k.a. “alimony”) in the divorce settlement. This doesn’t have to go through Social Security specifically; you can just work with an attorney to negotiate a monthly payment.
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Dana Miranda is a Certified Educator in Personal Finance® and author of YOU DON’T NEED A BUDGET. She writes Healthy Rich, a newsletter about how capitalism impacts the ways we think, teach and talk about money.
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