To claim a spousal benefit under your former spouse's record, your former spouse must first be eligible for a worker benefit or disability benefit through Social Security. In addition, you must fulfill the following requirements:
- You must have been married to your former spouse for more than 10 years
- You must be at least 62 years old
- You can't be married
- You can't be entitled to a higher Social Security benefit on your own record
If you meet all the above requirements, then you can file for a spousal benefit under your former spouse's record. You don't need to contact your former spouse to notify him or her of your filing, nor do you need your former spouse's Social Security statements to determine your spousal benefit. You can find out your estimated spousal benefit amount by contacting a Social Security Administration representative at 1-800-772-1213 or visiting a Social Security office.
By claiming benefits under your former spouse's record, you will not affect his or her own benefits. Also, if your former spouse remarries, your benefit claims won't affect the new spouse's benefits or any other family member who might receive benefits on the same record.
Finally, for those whose former spouse has died, you can still file for spousal benefits if the following applies:
- You were married to former spouse for at least 10 years
- You are at least 60 years old, or 50 years old and disabled
- You aren't entitled to a higher Social Security benefit on your own record
As always, speak to a SSA representative to confirm benefit eligibility.
For further reading on Social Security, see the following posts: