Did you get divorced? You may still be eligible for Social Security benefits

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Understanding these rules will help you get the most out of the program.

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If you’re going through a divorce, you’re probably grappling with a number of emotional and logistical concerns. You’re trying to separate your assets and figure out what the new normal looks like for you. And while it may not be on your mind right away, you will eventually need to sort out the financial implications of your divorce.

Your retirement plans suddenly change. You no longer have to avoid your ex’s future plans, but you also don’t have his savings to cover future living expenses. However, some divorced people may still receive Social Security benefits based on their ex-husband’s work history.

How Social Security Benefits Work in the Case of Divorce

If you work long enough, you may be eligible for Social Security retirement benefits. You need to earn 40 credits. 1 credit is a fixed income. In 2026, one credit will cost $1,890. You can earn up to 4 credits per year.

Married people can also qualify for spousal benefits if their partner is eligible for retirement benefits. Spousal benefits are worth up to half of the amount your partner would be entitled to at Full Retirement Age (FRA). FRA is 67 years old for most workers today.

Divorced people may also be able to claim spousal benefits based on their ex-husband’s work history, but there are some rules to be aware of. First, this is only possible if you and your ex were married for at least 10 years before divorcing. If your marriage was shorter than this, you cannot claim benefits based on your ex-husband’s work history.

Additionally, if you remarry, you cannot claim ex-spouse allowance. In that case, you will be entitled to claim based on the new partner’s record instead. However, if you are still single and your ex has remarried, that doesn’t matter. Both you and your ex’s new spouse can claim benefits at the same time based on your ex’s work history.

Married people must wait until their partner files for Social Security before they can claim spousal benefits. However, divorced people can register even if their ex-husband has not registered, as long as at least two years have passed since the divorce.

What you can expect if your ex-husband’s record qualifies you for spousal benefits.

If you are eligible for spousal benefits and retirement benefits, you can only receive the greater of the two. You don’t have to decide for yourself which one it is. The Social Security Administration does this automatically.

In many cases, your own retirement savings will be larger if you and your spouse have a similar income history. However, if their income significantly exceeds yours, your spousal benefit will likely be larger.

The exact amount you receive depends on your earning history and when you signed up. If you delay applying, your check will grow a little bit each month until you reach your FRA. For this reason, spousal benefits are different from retirement benefits, which continue to increase until you reach age 70.

What to do when you’re ready to apply

All you have to do is decide when to claim benefits and make sure all your documents are in order. You must provide information about yourself, including your name, date of birth, and social security number. You will also need a W-2 or other tax form from the previous year.

If you are claiming benefits based on your ex-husband’s work history, you will also need copies of your marriage and divorce certificates. If you don’t already have these, you should be able to get them from the state where you were married or divorced.

If you need help tracking down important information, you can always contact the Social Security Administration for assistance. They may be able to look up some of this information for you.

The Motley Fool has a disclosure policy.

The Motley Fool is a USA TODAY content partner providing financial news, analysis and commentary designed to help people take control of their financial lives. Its content is produced independently of USA TODAY.

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