There are numerous aspects of life that divorce alters. Whether a person can receive a Social Security payment as an ex-spouse is one of the most frequently asked questions. The answer to that is yes, but only on certain conditions. The rules in Florida are based on federal law, which is used in all states.
This guide clarifies who is eligible, the amount you can get, what happens when an ex-spouse passes away, and how to apply. Knowing how it works, it becomes possible to prevent the confusion and guarantee the benefits that are to be gained.
What Are Ex-Spousal Social Security Benefits?
Social security is a type of benefit offered to workers in terms of retirement and disability benefits, depending on their earnings. But it benefits some spouses and ex-spouses as well. Even after a divorce, you may be eligible to receive benefits according to the work record of your former spouse, provided that you have been long married.
This program was developed in order to save individuals who had spent many years of their lives supporting a spouse, parenting children, or working in jobs that did not earn them sufficient credits to get good benefits. It is also fair because it rewards the efforts of the two partners in the course of a marriage.
Basic Eligibility Requirements
Not all people can collect from an ex-spouse. The Social Security Administration (SSA) outlines the rules. In Florida, to qualify, you must satisfy the following requirements:
- Marriage Length – You should have been married to your former spouse for at least 10 years.
- Marital Status – You must be unmarried when applying. If you remarried, you usually cannot collect from your ex (unless that marriage ended).
- Age Requirement – You must be 62 or older.
- Ex-Spouse Eligibility – Your ex needs to be eligible to receive retirement or disability benefits even though he/she has not begun to receive them.
- Benefit Comparison – Your personal social security benefit should be lower than the one you would get using the record of your ex.
If you meet these rules, you can apply without asking your ex-spouse for permission. They cannot block you from receiving the benefit.
How Much Money Can You Receive?
The SSA uses the full retirement benefit of your ex-spouse to retrieve your benefit. You can get as much as half of theirs in most instances.
For example:
- If your ex is entitled to $2,000 per month, you may qualify for up to $1,000.
- If your own benefit is $700, SSA will pay your $700 first and then add $300 to match the higher spousal amount.
Importantly, your ex will not lose any money. Their benefits stay the same. Even if they remarried, both their current spouse and you may qualify for benefits without reducing what the other receives.
Collecting After an Ex-Spouse’s Death
If your ex-spouse passes away, you may qualify for survivor benefits. These are different from regular spousal benefits and can be much higher.
- Survivor benefits can be up to 100% of your ex’s Social Security benefit, not just 50%.
- The marriage must have lasted at least 10 years.
- You can collect survivor benefits even if you remarried after age 60 (or age 50 if disabled).
This provides critical financial support to divorced individuals who depended on their ex-spouse’s work record.
What If Your Ex Has Not Applied Yet?
You do not have to wait for your ex-spouse to start collecting. If you’ve been divorced for at least two years and they qualify, you can apply as long as you meet all other requirements.
This is helpful if your ex delays retirement. You still have the right to claim your portion once you turn 62.
How to Apply for Ex-Spousal Benefits in Florida
Applying is straightforward. You have three options:
- Online – Visit the official Social Security Administration website and apply through your account.
- By Phone – Call the SSA toll-free line at 1-800-772-1213.
- In Person – Go to your local Social Security office and file with the help of a representative.
You’ll need –
- Proof of age (birth certificate or passport).
- Marriage certificate and divorce decree.
- Your ex-spouse’s Social Security number, if known.
- Your bank information and Social Security.
The SSA is allowed to call upon your ex to verify the information, but you are not required to seek their consent.
Common Misconceptions
Most individuals do not understand the mechanics of ex-spousal benefits.
- Your ex will not lose money if you collect. Your benefit is separate.
- Their new spouse can still collect. Multiple people may receive benefits from the same worker’s record.
- You cannot double-dip. You either get your own benefit or your ex’s benefit, whichever is higher.
- You must meet the 10-year rule. Marriages shorter than 10 years do not qualify, no matter the circumstances.
Conclusion
Yes, Florida has provisions to collect social security from an ex-spouse, provided that he or she meets federal requirements. The legislation safeguards divorced people who have worked their entire lives in marriage and deserve to retire.
The Affordable Divorce Center can assist you whether you are going through a divorce or planning for your financial future. Our group directs family law, custody, and finances. We know the effects of divorce on your long-term stability, and we are here to guide you throughout the process.
Frequently Asked Questions
1. Can a divorced woman claim her ex-husband’s Social Security?
Yes. If the marriage lasted at least 10 years, she is unmarried, at least 62, and her own benefit is lower, she may collect based on his record.
2. Can you collect your spouse’s Social Security?
Yes. Current spouses can collect up to 50% of a partner’s retirement benefit. This does not reduce the worker’s payments. Ex-spouses are also eligible, provided that they fulfill the 10-year rule of marriage.
3. What do I do to claim my ex-husband’s Social Security?
It can be applied online, by telephone or even at the social security office. Bring your marriage certificate, divorce decree, proof of age, and your ex-spouse’s details if available.
4. Can I collect my ex-husband’s Social Security after he dies?
Yes. If the marriage lasted 10 years, you may qualify for survivor benefits. These can equal 100% of your ex-spouse’s benefit, even if you remarried after age 60.
5. What is the Social Security spousal benefits loophole?
The loophole allowed spouses to collect benefits while delaying their own growth until age 70. It was closed in 2015 for most people, except those born before January 2, 1954.
