SERVE YOUR CLIENTS
Social Security Divorced
Spouse Benefits FAQ
UNDERSTANDING SOCIAL SECURITY
mfs.com
1
If there was a break in your marriage, the marriage must have been in existence for at
least part of each of the 10 years before the final divorce. Therefore, if you divorce and
remarry within the calendar year immediately following the calendar year of the divorce,
you remain eligible for a benefit even if you subsequently divorce a second time.
*If your divorce was less than two years ago, your former spouse needs to apply in order for you to receive a spousal benefit.
If you are divorced you may qualify for Social Security benefits based on the earnings record of your ex-spouse, even if
they have remarried or passed away. There are two types of benefits potentially available to you: spousal benefits and
survivors benefits. As you read this piece, discuss the various options with your investment professional and the role of
Social Security in your retirement income plans.
REQUIREMENTS TO RECEIVE AN EX-SPOUSE BENEFIT
Spousal Survivors
Your age 62 or older 60 or older (50 if you are disabled)
Length of marriage 10 consecutive years 10 consecutive years
Your current
marital status
Unmarried
Unmarried or remarried after age 60
(50 if you are disabled)
Your former
spouse
Must be age 62 or disabled
Does not need to apply for a retirement benefit
(unless divorce was less than two years ago)*
Must qualify for retirement or disability benefits
Divorced spouse benefits
How long do I have to be married to receive a benefit off my
ex-spouse?
In order to receive a benefit based on the earnings record of your
ex-spouse, you must be married for ten consecutive years
1
and the
divorce must have been finalized two years ago. If the divorce was
finalized less than two years ago, your ex-spouse must apply for
their retirement benefit in order for you to receive a spousal benefit.
If I receive a benefit off my ex-spouse, will it reduce their
retirement benefit?
No. If you receive a benefit off your ex-spouse, it will not reduce
their retirement benefit. And if your ex-spouse has remarried, both
you and the new spouse may be eligible for spousal and survivors
benefits. Benefits paid to you (the ex-spouse) will not affect the
benefits of their new spouse.
Does my ex-spouse need to apply for their retirement benefit
for me to receive a benefit off them?
No. As long as your ex-spouse qualified for Social Security
retirement benefits under their earnings record and is age 62 or
older, deceased or receiving Social Security disability benefits, you
may be eligible for a benefit off your ex-spouse.
Do I need to tell my ex-spouse if I am receiving a benefit
off them?
No, and your ex-spouse will not be notified. As long as you have
been divorced for at least two years and can provide to the Social
Security Administration (SSA) proof that your marriage lasted at
least ten years (generally a certified copy of the marriage license
and divorce decree are accepted), the SSA will determine whether
you qualify for a benefit based on your former spouse. If so, you
will receive the greater of your retirement benefit or the spousal/
survivors benefit off your ex.
NOT FDIC INSURED • MAY LOSE VALUE • NO BANK GUARANTEE
PAGE 2
Social Security Divorced Spouse Benefits FAQ
2
An earnings limit applies to any benefit received before FRA.
3
Technically, the Social Security Administration pays out your retirement benefit first. Then they add on an excess spousal benefit = (max spousal) - (your retirement benefit at FRA). The excess
spousal benefit may be reduced if you are not yet FRA when you become eligible for a spousal benefit.
4
Age 50 if you are disabled.
5
If the deceased claimed before their FRA, there is a special calculation called the widow(er) limit. Under the widow(er) limit, the surviving spouse receives the lesser of 1) the widow(er) percent
based off the deceased’s FRA benefit or 2) the greater of A) the benefit the deceased was receiving at death or B) 82.5% of the deceased’s FRA benefit. Therefore, if the deceased claimed before
FRA, the survivor benefit may maximize before FRA.
Spousal benefit
What are my options if my ex-spouse is alive?
If your ex-spouse is alive, you may qualify for a spousal benefit as long as both of you are age 62. If you begin receiving spousal benefits
at your Full Retirement Age (FRA), you can receive up to 50% of your ex-spouse’s full retirement amount. If you begin receiving benefits
between age 62 and your FRA, the amount will be permanently reduced. It will not increase once you have reached FRA.
Spousal percentages by age
Full Retirement Age 66
Full Retirement Age 67
Age when you claim the spousal benefit
FRA for spousal benefits is age 66 for
anyone born 1943 to 1954. It increases
by two months for every year from 1955
to 1959. FRA is age 67 for anyone born in
1960 or later.
67 years66 years65 years64 years63 years62 years
35.0%
32.5%
37.5%
35.0%
41.7%
37.5%
45.8%
41.7%
50.0% 50.0%
45.8%
Can I start with one benefit and switch to the other?
The option to start with the spousal benefit off your ex and switch
to your own benefit was only available to people born on or before
1/1/1954. When you apply, the SSA will give an amount that equals
the greater of your retirement benefit or the spousal benefit off your
ex-spouse.
If you cannot receive your spousal benefit because your ex-spouse
is not yet age 62, you can start with your retirement benefit. Then,
when your ex-spouse turns 62, you may receive a spousal benefit if
that is greater. However, if you are receiving a reduced retirement
benefit, your spousal benefit will also be reduced.
2,3
Hypothetical example
Kim is age 62 and retired. The ex-spouse is age 58. If Kim applies
at 62, Kim will receive a reduced retirement benefit. When Kim’s
ex-spouse turns 62, Kim may request the spousal benefit off of the
ex. However, Kim’s spousal benefit will also be reduced because
Kim applied for the retirement benefit before reaching FRA.
3
Survivors benefit
Can I receive a survivors benefit if my ex-spouse is deceased?
Yes, you are eligible for a survivors benefit if you are age 60
4
or older and you are unmarried or you remarried after age 60.
4
A reduced
survivors benefit is available at age 60, and the survivors benefit maximizes at the widow(er)’s FRA of 66 or 67.
2,5
If you are under FRA and
working, there are limits on how much you can earn. See page 3.
Survivors percentages by age
Full Retirement Age 66
Full Retirement Age 67
Age when you claim the survivors benefit
5
FRA for survivors benefits is age 66
for anyone born 1945 to 1956. It
increases by two months for every
year from 1957 to1961. FRA is age
67 for anyone born 1962 or later.
67 years66 years65 years64 years63 years62 years61 years60 years
100.0%100.0%
71.5% 71.5%
76.3%
75.6%
81.0%
79.6%
85.8%
83.7%
90.5%
87.8%
95.3%
91.9%
95.9%
Social Security Divorced Spouse Benefits FAQ
6
If you are receiving retirement or disability benefits on your own record, you will need to apply in person for survivors benefits. If you are receiving a spousal benefit off your ex-spouse and you are FRA or
older, the SSA will automatically switch you to the survivors benefit upon notification of death. Under most circumstances, the funeral home will report the person’s death to the SSA. If you are currently
receiving a spousal benefit off your ex-spouse and you are younger than FRA, the SSA will stop the (excess) spousal benefit, and you will need to apply for the reduced survivors benefit. Please see MFS
®
“Social Security Spousal FAQ” for more information on excess spousal benefits.
7
$59,520 if you turn FRA in 2024. Earnings limit applies only to earnings received after you start receiving Social Security benefits but before you turn FRA.
PAGE 3
Can I receive the maximum survivors benefit even if I receive
a reduced spousal or retirement benefit?
Yes, even if you are receiving a reduced retirement or spousal
benefit, you are still eligible for the maximum survivors benefit
if you are Full Retirement Age (FRA) or older when you apply for
the survivors benefit.
6
After your ex-spouse passes away, you will
receive the greater of your retirement benefit or survivors benefit
off your ex-spouse.
Hypothetical example
Gloria applied for Social Security at age 62 and was receiving
a reduced spousal benefit off her ex-spouse. Gloria is now age
67 and her ex-spouse recently passed away. Because Gloria has
reached her FRA, she is eligible for 100% of her deceased
ex-spouse’s retirement benefit.
Can I start with my retirement benefit, and then switch to the
survivors benefit off my ex-spouse? How about vice versa?
In some cases, a surviving divorced spouse may start with one
benefit and switch to another. For example,
■
you may be able to start with a reduced survivors benefit as early
as age 60 and then switch to your retirement benefit at
any time between age 62 and 70
■
you may also be able to start with your reduced retirement
benefit as early as age 62 and then switch to your survivors
benefit
If you will be using one of these strategies, please ask the Social
Security representative if you can receive one benefit and delay the
other to increase its value. Otherwise, the SSA may give you the
greater of the two benefits. Please note that if you are under FRA
there may be limits on how much you can earn. Contact the SSA for
more information and to see if either strategy is available.
Working and receiving Social Security benefits
What if I worked?
If you worked, you generally receive the greater of your retirement
benefit or the benefit based on your ex-spouse’s earnings record.
Can I receive a spousal or survivors benefit even if I never
worked?
Yes, even if you never worked, you may be eligible to receive a
spousal or survivors benefit off your ex-spouse.
Can I work and receive benefits at the same time?
An earnings limitation applies before FRA. If you continue to work,
are under FRA, and earned more than $22,320 in 2024, your
retirement benefit as well as the spousal and survivors benefit off
your ex-spouse may be temporarily withheld.
7
After you reach FRA,
you can earn as much as you want without any withholding.
What if I worked in a government position that did not pay into
Social Security and my ex-spouse worked in the private sector?
Your spousal and survivors benefit could be reduced by two-thirds
of your government pension. Please refer to the SSA’s publication
“Government Pension Offset” for more information on this topic.
Work and Social Security (earnings test)*
AGE 2024 EARNINGS LIMIT WITHHOLDING
Under Full
Retirement Age
for the full year**
$22,320
($1,860 per month)***
$1 in benefits
withheld for every
$2 in earnings
above limit
Reach Full
Retirement Age
during 2024**
$59,520
($4,960 per month)***
$1 in benefits
withheld for every
$3 in earnings
above limit
* Earnings test applies to any benefit (retirement, spousal, survivors, ex-spouse) received before
FRA. Earnings test is based on earned income only. Dividend, capital gains, rental income,
distributions from IRAs and workplace retirement plans, etc. may not be not counted as earned
income. Please contact a qualified tax advisor for more information on earned income. If married,
the earnings test applies only to spouse(s) receiving Social Security benefit.
** The SSA uses the FRA for retirement benefits when applying the earnings test for all benefits. If
you were born between 1957 and 1961, the FRA for survivors benefit is two to four months earlier
than the FRA for retirement benefits. Although FRA for survivors benefits may be earlier, the SSA
uses the FRA for retirement benefits for the earnings test. This rule applies even if you are not
receiving retirement benefits.
*** Special earnings monthly limit may apply the first calendar year. This limits monthly earnings to
$1,860 starting in the month Social Security benefit begins and ending in December. If earnings
exceed $1,860 in any remaining month of the calendar year, you won’t be entitled to any benefit
for that month. If turning FRA in 2024, the monthly earnings limit is $4,960 until the month you
turn FRA.
PAGE 4
Social Security Divorced Spouse Benefits FAQ
Remarriage
What if my ex-spouse remarries?
Even if your ex-spouse remarries, you are still eligible for a spousal
or survivors benefit. Social Security will pay benefits to your ex-
spouse, their current spouse and you, and no one’s benefit will
be reduced.
I remarried. When can I receive a spousal benefit off my new
spouse?
You are eligible for a spousal benefit off your new spouse if you are
age 62 or older, your new spouse is receiving their retirement or
disability benefit, and you have been married to your new spouse
for at least one year.
8
If I remarry, can I keep any benefits off the first marriage?
If you remarry, you generally forfeit the benefit off your ex-spouse.
There are two exceptions:
1) If the second marriage ends, you can become reentitled to
benefits off the first marriage.
2) If you remarry after age 60 (age 50 if you are disabled), you
forfeit the spousal benefit off your first spouse, but you can
retain the survivors benefit off them. Social Security will pay
you the greater of your retirement benefit, the survivors
benefit off your ex-spouse or the spousal/survivors benefit off
your current spouse.
Yes.
Did you remarry?
Yes.
Are you still married?
Yes.
How old were you when
you remarried?
No.
How did second marriage end?
No.
Eligible for spousal and survivor
benefits off ex*
No.
Not eligible for benefits off ex
Were you married for ten consecutive years?
Divorced after
ten years:
Eligible for spousal
and survivor benefits
off both marriages**
Spouse 2
passed away:
Eligible for greater of
A) spousal/survivor
off spouse 1 OR
B) survivor off
spouse 2***
Remarried before
age 60:****
Eligible for benefits off
current spouse
If marriage ends, reentitled
to benefits off previous
marriage
Remarried at or after
age 60:****
Eligible for spousal/
survivor benefits off current
spouse or survivor benefit
off former spouse
MFS FUND DISTRIBUTORS, INC., MEMBER SIPC, BOSTON, MA MFSP_SSDIV_FLY_12_23 38457.9
For informational use only. MFS does not provide tax, legal, retirement or Social Security advice. Contact the Social Security Administration
at 1-800-772-1213 or go to ssa.gov to determine the benefits that may be available to you.
For help determining what role Social Security benefits will play in your financial future, work closely with your financial advisor or
investment professional. They will provide the perspective you need to help you build and maintain a retirement strategy that may work
best for you.
For more information and answers to your questions
about Social Security benefits, visit ssa.gov.
*Receive greater of your benefit or the benefit off your ex-spouse.
**The SSA will compare benefits from both marriages and give you the highest available benefit. You will receive the greater of your retirement benefit, the benefit from marriage 1 or the benefit from
marriage 2.
***Second marriage did not need to last ten years.
****Age 50 if disabled.
8
The one year marriage requirement is waived if you are currently receiving divorced spousal benefits. If so, the spousal benefit off your ex will end the month before the month you remarry; you become
eligible for a spousal benefit off your new spouse when you have been married to the new spouse throughout an entire month, and the new spouse is receiving their benefit. If you are receiving survivors
benefits, they will not end if you remarry after 60 (50 if you are disabled).