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PatriciaC61149
Contributor ⭐
April 17, 2024

Divorce and Social Security

  • April 17, 2024
  • 13 replies
  • 5635 views

 Married 40 years.  Divorced 9 months.  Ex (age 74) started collecting SS 9 years ago.  I just reached full retirement age (66.5).

 

Social security told me that I could not collect under his name because I was not divorced for TWO years yet and to reapply then. Said that rule applied was across the board - applied to everyone.

 

According to AARP, the two year rule only applies if EX has not started SS yet.

 

Who is correct? If AARP is correct, how do I fight this with SS?

    This topic has been closed for replies.

    13 replies

    GailL1
    GailL1
    Community Champion ⭐⭐⭐
    April 18, 2024

    Personally, I wouldn’t take anybody’s word for something so important to your finances - I would always verify at the source and have the source noted for any reference.  The SSA (Social Security Administration) has a LOT of new people working there, they are really behind and so it is probably a stressful environment.

     

    Straight from the “horse’s mouth” - the link

    SSA.gov - Benefit Planner / Retirement / Benefits for Your Family

     

    Look under the Heading of:  BENEFITS FOR YOUR DIVORCED SPOUSE 

     

    I am only copy/pasting the part that answers your question here + a little more - there is more at the link on this benefit so you should review it all - remember this is written to the primary account holder.’

     

    from the link~ copy/paste:

     

    IF you have not applied for retirement benefits, but can qualify for them, your ex-spouse can receive benefits on your record if you have been divorced for at least two continuous years.

    If your ex-spouse is eligible for retirement benefits on their own record, we will pay that amount first. If the benefit on your record is higher, they will get an additional amount on your record so that the combination of benefits equals that higher amount.

     

     

    IT‘S ALWAYS SOMETHING . . . . .. . . . Roseanne Roseannadanna
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      PatriciaC61149Author
      Contributor ⭐
      April 18, 2024

      This is as clear as mud!

       

      According to AARP (https://www.aarp.org/retirement/social-security/info-2016/divorced-social-security-benefits.html), it states that the two year rule ONLY applies if the ex-spouse has not started collecting SS yet.

       

      Exact quote from above link:

       

      "Unlike a current spouse, a divorced person can get benefits if their ex is eligible for retirement benefits but has not yet claimed them.

      However, if your ex hasn’t claimed, there’s a twist to the eligibility rules: In addition to the age and marital criteria noted above, you must have been divorced for at least two years. That waiting period does not apply if your ex is already collecting Social Security."

       

      Like i said, clear as mud!  There are several links on the SS website re divorce - none of them are clear.

      GailL1
      GailL1
      Community Champion ⭐⭐⭐
      April 22, 2024

      Described here in this SSA link

      Social Security Independently Entitled Divorced Spouse's Benefits

      Eligibility Scenario: Divorced Under 2 Years Ago

      From the link (copy / paste)

      To be eligible for this benefit program, you must meet the following requirements:

      • Be at least 62 years old and not currently married.
      • Be divorced from a person who is at least 62 years old and has enough work credits to get Social Security benefits.
      • Have been married to that person for at least 10 years and divorced for at least two continuous years.
      • Not be entitled an equal or higher Social Security retirement benefit or disability benefit based on your own work.

      end copy/paste

       

      Try the eligibility tool 

      Eligibility Tool:

      SSA BEST.gov - Benefit Eligibility Tool 

       

      IT‘S ALWAYS SOMETHING . . . . .. . . . Roseanne Roseannadanna
      T
      Tonster521
      Community Champion ⭐
      April 20, 2024

      @PatriciaC61149 I suspect you may have called the SSA  asking about your eligibility for Divorced Spouse's Benefits. And, the person who answered your call either did not listen to the facts you provided or was not aware of the Divorced Spouse's Benefits provisions. Gail has provided the pertinent SS documents/links that clearly indicate that the 2 year period is only applicable if your ex-spouse has not applied for his  SS Benefits. Because your ex-spouse has been receiving SS Benefits for 9 years, you can apply for Divorced Spouse's Benefits. I am providing a link to Form SSA-2 Information You Need to Apply for Divorced Spouse's Benefits https://www.ssa.gov/forms/ssa-2.html which also appears as the last bullet point in the link that Gail provided in her April 17th post. You do not need phone approval to apply. When calling the SSA or any organization, it is a "roll of the dice" that you will get someone who is knowledgeable about your individual question or situation. So, my suggestion is just apply. If you have not remarried, your application for Divorced Spouse's Benefits should be approved without a 2 year waiting period based on the info you provided. 

        GailL1
        GailL1
        Community Champion ⭐⭐⭐
        April 20, 2024

        @Tonster521 

        Agree 100%

         

        IT‘S ALWAYS SOMETHING . . . . .. . . . Roseanne Roseannadanna
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