Ex-Spouse benefits, Social Security and You!

By Alan Edwards, Social Security Public Affairs

Mid-April features both Ex-Spouse Day and tax day. These two observances are extra important if you are an ex-spouse, because Social Security pays benefits to eligible former spouses. And, you may need to claim this income on your tax forms.

If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record. To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can’t collect benefits on your former spouse’s record unless your later marriage ended by annulment, divorce, or death. Also, if you’re entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse's work. In other words, we’ll pay the higher of the two benefits for which you’re eligible, but not both.

You can apply for benefits on your ex-spouse’s record even if he or she hasn’t retired, as long as you divorced at least two years before applying. The same rules apply for a deceased former spouse.

The amount of benefits you get has no effect on the benefits of your ex-spouse and his or her current spouse. Visit Retirement Planner: If You Are Divorced at www.socialsecurity.gov/retire2/divspouse.htm to find all the eligibility requirements you must meet to apply as a divorced spouse. Our benefits planner gives you an idea of your monthly benefit amount. If your ex-spouse died after you divorced, you can still quality for widow’s benefits. You’ll find information about that in a note at the bottom of the website.

Visit www.socialsecurity.gov/retire2/divspouse.htm today to learn whether you’re eligible for benefits on your ex-spouse’s record. That could mean a considerable amount of monthly income. What you learn may bring a smile to your face … even on tax day!

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Question:

What is a Social Security Statement, and how can I get a copy?

Answer:

Your online Social Security Statement gives you secure and convenient access to your earnings records. It also shows estimates for retirement, disability, and survivors benefits you and your family may be eligible for. You can get your personal Statementonline by using your own my Social Security account. If you don’t yet have an account, you can easily create one.

To set up or use your account to get your online Statement, go to www.socialsecurity.gov/myaccount .

We also mail Statements to workers attaining ages 25, 30, 35, 40, 45, 50, 55, 60 and older, three months prior to their birthday, if they don’t receive Social Security benefits and don’t have a my Social Security account. If you don’t want to wait for your Statement, you can access it online, whatever time of year you need it.

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Question:

My wife didn’t work enough to earn 40 credits to qualify for Social Security retirement benefits. Can she qualify on my record?

Answer:

Even if your wife has never worked under Social Security, she may be able to get benefits if she is at least 62 years of age and you are receiving or eligible for retirement or disability benefits. If your wife qualifies on her own record, we will pay that amount first. If the benefit on your record is higher, she will get an additional amount on your record so that the combination of benefits equals that higher amount. The same is true for any spouse, regardless of their sex. To learn more about spouse benefits go to www.socialsecurity.gov/planners/retire/yourspouse.html.

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Question:

I'm retiring early, before full retirement age, and I receive investment income from a rental property I own. I’ve hear there’s a limit on income I can make if I retire early. Does investment income from my rental property count as earnings for Social Security purposes?

Answer:

No. We count only the wages you earn from a job or your net profit if you're self-employed. Non-work income such as annuities, investment income, interest, capital gains, and other government benefits are not counted and will not affect your Social Security benefits. Most pensions will not affect your benefits. However, your benefit may be affected by government pensions earned through work on which you did not pay Social Security tax. You can retire online at www.socialsecurity.gov. For more information, call us toll-free at 1-800-772-1213 (TTY 1-800-325-0778).