Understanding Divorced Spouse Entitlement to Wife’s or Husband’s Benefits: Section 404.331 Explained

Learn the requirements for receiving wife’s or husband’s benefits as a divorced spouse

Navigating the world of Social Security benefits can be challenging, especially for divorced spouses. Section 404.331 outlines the conditions under which a divorced spouse may be entitled to wife’s or husband’s benefits based on their ex-spouse’s old-age or disability benefits. In this blog post, we will break down the essential information and requirements to help you understand your potential entitlement as a divorced spouse.

According to Section 404.331, a divorced spouse can be entitled to wife’s or husband’s benefits if they meet the following conditions:

1. Divorced wife or husband: (a) You were validly married to the insured person under State law as described in § 404.345 or deemed to be validly married as described in § 404.346. (b) You were married to the insured person for at least 10 years immediately before your divorce became final.
2. Application: You must apply for the benefits.
3. Marital status: You must not be currently married. For the purposes of this requirement, you will be considered not married throughout the month in which the divorce occurred.
4. Age requirement: You must be age 62 or older throughout a month in which all other conditions of entitlement are met.
5. Benefit comparison: You must not be entitled to an old-age or disability benefit based on a primary insurance amount that is equal to or larger than the full wife’s or husband’s benefit.
6. Divorce duration: You must have been divorced from the insured person for at least two years.

Example: Sarah and John were married for 12 years before finalizing their divorce. After the divorce, Sarah remained single and is now 63 years old. John is 65 years old and is entitled to disability benefits under Social Security.

In this situation, Sarah is eligible to apply for wife’s benefits as a divorced spouse based on John’s disability benefits. The following conditions are met:

1. Divorced wife: Sarah was validly married to John under State law for 12 years, which is more than the required minimum of 10 years.
2. Application: Sarah decides to apply for the wife’s benefits based on John’s disability benefits.
3. Marital status: Sarah is not currently married.
4. Age requirement: Sarah is 63 years old, meeting the age requirement of being at least 62 years old.
5. Benefit comparison: Sarah is not entitled to any old-age or disability benefits that would be equal to or greater than the full wife’s benefit based on John’s record.
6. Divorce duration: Sarah and John have been divorced for more than two years.

Based on the fulfillment of the conditions outlined in Section 404.331, Sarah may be entitled to wife’s benefits as a divorced spouse, derived from John’s disability benefits.

Conclusion: Understanding the requirements for receiving wife’s or husband’s benefits as a divorced spouse is crucial for those navigating the Social Security system. By familiarizing yourself with Section 404.331, you can better determine your eligibility and take the necessary steps to secure the benefits you may be entitled to. If you believe you meet the outlined requirements, consider contacting the Social Security Administration or a legal professional for further guidance.

https://www.ssa.gov/OP_Home/cfr20/404/404-0331.htm