How do I claim Social Security from my ex’s earnings?

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Spousal benefits are an important part of Social Security retirement benefits. A spousal benefit is available to provide for a spouse who has a lower benefit due to a lower earnings record over his or her lifetime.

A recent email raised a question that I’m sure is prominent in many minds: How can I claim Social Security benefits off my ex-spouse’s earnings record? And how do I find out how much I’m eligible for from the ex?

First of all, we must clarify the requirements that must be met in order for a spousal benefit to be available for Ann. As with all Social Security benefits, Ann must be at least age 62. Ann’s ex-spouse must be at least age 62 as well, and eligible for a retirement benefit based on his earnings record. Also, Ann must not be eligible for a retirement benefit that is greater than 50% of David’s full-retirement age benefit.

So as you can see, the eligibility requirements for divorcees are more complicated than the married couple. The process of applying for the benefit is similar, with a few modifications as well. If she doesn’t have his Social Security number, Ann should be prepared to provide as much information as possible about David as she can, including full name, date of birth, last known address, parents’ names, and other potentially relevant information in order to identify him. As you can imagine, having the Social Security number is the best and quickest way to identify the ex-spouse. Without the Social Security number, it is likely that there will be delays while the identification is proven.

 

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