SALT LAKE CITY — When couples are embroiled in the midst of the heartache, frustration and anger inherent in most divorces, they rarely consider how that breakup will impact Social Security benefits for one or both spouses.

That could be a critical oversight, because divorce becomes an important factor affecting Social Security benefits.

Many people do not realize that a divorced person may be entitled to Social Security benefits based on the work history of a former spouse if certain criteria are met. The determining factors are:

• The marriage must have lasted 10 or more years.
• The ex-spouse must be eligible for Social Security retirement or disability benefits. (It does not matter whether he or she has started receiving benefits.)
• The spouse seeking benefits must be at least 62 years old.
• The spouse seeking benefits must be unmarried.
• Any benefit the spouse can claim from his or her own work record must be less than the benefit based on the ex-spouse’s work.

In some cases, a divorced spouse can utilize some of the same Social Security benefit claiming strategies as married couples. For example, as a Fox News Business report noted, “Many divorced spouses optimize their Social Security by beginning their divorced spousal benefit at age 66, which is currently the full retirement age (FRA), and then switching to their own benefit at age 70. “

Related:

Tips to understanding Social Security benefits for spouses

Many people are unaware that they may be eligible for spousal benefits through Social Security. Essentially, a spousal benefit means someone can receive a monthly Social Security payment based on the work record of a qualifying spouse.

Divorced spouses are also sometimes eligible for the same survivor benefits as a widow or widower. According to the Social Security Administration, if a surviving divorced spouse remarries after age 60 (age 50 if disabled), the remarriage will not affect their eligibility for survivors benefits.

Like most Social Security benefits, if a divorced spouse begins collecting benefits before full retirement age, the benefit amount will be reduced. For an ex-spouse who starts taking benefits at age 62, the reduction can be as much as 30 percent.

When divorced spouses learn that they might be eligible for Social Security benefits based on the work history of their prior mate, a frequent concern is whether claiming that benefit will impact that person’s Social Security income. The answer is no. “The amount of benefits you get has no effect on the amount of benefits your ex-spouse or their current spouse may receive,” according to the Social Security Administration.

Another common concern is that the Social Security Administration will notify the primary beneficiary that an ex-spouse is claiming benefits based on his or her work record; however, the agency does not notify the former spouse. And the spouse claiming benefits does not need to have any contact with the ex-spouse in order to qualify.

Wiserwomen.org notes, “To apply for benefits on your ex-husband’s work record, you will need to know his Social Security number. If you don’t’ know it, you can provide his date and place of birth and his parents’ names.” Applicants also need a copy of their marriage certificate and a copy of their final divorce decree, as well as personal identification documents like a birth certificate and tax forms.

While many people assume the divorced spouse situation applies primarily to women, Social Security benefits are gender neutral. A divorced husband is equally entitled to claim benefits based on the work history of his former wife. All of the qualifying factors still apply.

Like many situations related to Social Security, claiming benefits based on the work record of a former spouse can become complex. For example, a spouse who remarries might still qualify for benefits based on the work record of the first spouse if the second marriage ends. And multiple ex-spouses can receive benefits based on the work history of a qualifying primary beneficiary.

When considering when and how to apply for Social Security benefits, one should weigh all options carefully and perhaps consult with a qualified adviser about the best strategy for claiming benefits.

Flint Stephens is a licensed investment adviser representative and has a Utah life insurance license. He works for Strategis Fiancial Group Inc. in Provo. He has a master's degree in communications from Brigham Young University.

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