Filing Social Security Benefits as a Divorced Spouse

It’s been several years since I’ve had a divorcee! Since the rules changed regarding spouses where one cannot file and suspend and must file for benefits for the other to file on their record, does the same hold true for ex-spouses? Are there any other requirements that I should know about?

For divorced spouses, the rules differ slightly from those for married couples regarding Social Security benefits. If a divorced couple has been divorced for two years or more, the ex-spouse can file for benefits based on the other ex-spouse's work record, provided that both are at least 62 years old. In this case, the ex-spouse who is the worker does not need to have filed for benefits for the other ex-spouse to be eligible. This is known as the "Independently Entitled Divorced Spouse" rule.

This is an exception to the rule for married couples, where one spouse must have filed for benefits before the other can claim a spousal benefit. For divorced spouses, as long as the marriage lasted at least 10 years, and the couple has been divorced for two or more years, the filing of the ex-spouse is independent, meaning they do not need to wait for the other ex-spouse to file.

It’s important to ensure that all the criteria are met: age, duration of marriage, and length of time since the divorce. These factors are key in determining eligibility for Social Security benefits as a divorced spouse.

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