Social Security survives divorce

Q: I am divorced. Can I get my ex’s Social Security? . . . . I was married for over 18 years. Do they automatically figure out how much his is, and how much mine is, and give me the higher of the two, or is this something I have to ask for?

— J.F. Cranston

A: A divorced spouse is generally eligible to collect Social Security benefits based on the ex-spouse’s record of work and earnings, said Lita Epstein, author of The Complete Idiot’s Guide to Social Security and Medicare.

But it’s not automatic; you should contact the Social Security Administration to see if you’re eligible, Epstein said in a telephone interview from her home in Florida.

To be eligible, you must clear some hurdles. Following is a summary of the general rules:

•Your marriage had to have lasted at least 10 years.

•You must be at least 62.

•You’re not married.

•The ex-spouse must be at least 62.

In general, you won’t automatically receive benefits, said Kurt Czarnowski, regional communications director for the Social Security Administration.

“We’re not at the point where you have automatic enrollment in Social Security” in such circumstances, Czarnowski said in an interview at the agency’s regional headquarters in Boston.

So visit your local Social Security office or call the agency toll-free at 1(800) 772-1213. In the interview process, you’ll be asked whether you’ve ever been married, which will lead the agency to see if you’re eligible for benefits based on another’s record of work and earnings, Czarnowski said.

Assuming you’re eligible, you’ll receive a monthly benefit based on your record, or on your ex-spouse’s record, whichever will pay you more, he said.

A few other points:

•If you have been married more than once, and each marriage lasted at least 10 years, you’re generally eligible to collect Social Security benefits based on either ex-spouse’s record of work and earnings — whichever will pay you more, Epstein said.

•If you’re divorced and your ex-spouse has died, you may be eligible to collect a survivor’s benefit based on that ex-spouse’s record of work and earnings, Czarnowski said. Contact the agency to check on the rules and to see if you’re eligible.

•There are lots of rules and other details regarding a divorced spouse and eligibility for Social Security benefits, too many to list here. For more information, read “Social Security: Understanding the Benefits” and “Social Security: What Every Woman Should Know.” (This booklet includes information that applies to men and women.) For a free copy, visit your local Social Security office, call the agency toll-free at 1 (800) 772-1213, or use the agency’s Web site.

From the Providence Journal.

Comments

[cathy]

I have been married 33 years. My husband (soon ex) has a pension of $2,000 a month. We live in California now, but he obtained his pension from a company while he was working and we were living overseas and in non-community property states. Am I intitled to any of his pension?

[Robert Freund]

In our divorce agreement, under division of community property we wrote the statement - that I have - the right to recieve any and all Social security benefits in his name from the United States government" This is a california divorce.

The same clause apples to her.

Will this hold up in the event my ex spouse tries to collect?