Mr. Paweł wrote us the following letter:
“Dear Ms. Baumgartner, my parents divorced after more than 30 years of marriage. My father is 66 and has just retired with full benefits in the US. He also has a small ZUS (Poland’s Social Insurance Institution) pension in Poland. After the divorce, my mother remarried but was widowed, and she receives a ZUS pension in Poland. She also has a green card, but she lives permanently in Poland. My mother would like to apply at the US Embassy in Poland for American benefits (as a divorced spouse). Some people say she is entitled to these benefits, but others say they applied and were turned down. What does it depend on?
Besides, my father is afraid that if my mother applies for Social Security benefits based on her marriage to him, he may lose or have his Social Security benefits reduced, or his Polish pension, or maybe both. My parents don’t talk to each other; they are in touch only through me. My mother doesn’t have my father’s PESEL number (Polish national ID number) or any other Polish data. She does, however, have his Social Security number. Is that enough?
In your experience, are my father’s fears justified? I would greatly appreciate your advice on this matter. Paweł.”
Benefits or not?
Mr. Paweł’s mother is entitled to Social Security spousal benefits, regardless of where she lives. The differing opinions are the result of a change in the rules. The Polish-American social security agreement, which took effect on March 1, 2009, is good news for divorced spouses in Poland.
Family members of American workers who live in Poland (widows, widowers, spouses, former spouses, children) may be eligible to receive Social Security family benefits on the same terms as if they lived in the US. Family members do not have to be American citizens or green card holders, and they do not even need a Social Security number, to receive in Poland the family benefits for which they qualify. The old requirement of 5 years of marriage on American soil has also been abolished.
Mom is divorced
The fact that the mother is divorced does not take away her right to benefits, provided that she was married for at least 10 years.
Generally speaking, the divorced spouse of an American worker can receive spousal benefits if the worker is entitled to Social Security retirement or disability benefits and the spouse’s own retirement benefit would be smaller than the benefit based on the worker’s record. In addition, all of the following conditions must be met:
- the worker’s former spouse (in this case Mr. Paweł’s mother) is at least 62 years old,
- the marriage lasted at least 10 years,
- the former spouse is not married,
- the worker is at least 62 or receives disability benefits; if the worker has turned 62 but is still working, the former spouse becomes entitled to spousal benefits only two years after the divorce.
Former wives and husbands living in Poland may apply for family benefits based on the record of their former spouses who earned retirement benefits in the States.
Keep in mind that the Social Security eligibility rules for spousal benefits for former spouses differ somewhat from the rules for current spouses.
Mom is widowed
Let’s say that Mr. Paweł’s father, that is, the worker who earned the retirement benefits, has died. Would the mother in Poland still be entitled to benefits based on his record? The answer is yes. In this situation American rules differ from Polish ones, so it is worth getting to know them.
The widow or widower of an American worker can receive survivors benefits after reaching age 60 (age 50 if disabled), or at any age if caring for the worker’s child under age 16.
Child’s benefits are paid to the worker’s unmarried children who are under 18 (or up to age 19 if they are full-time students in elementary or high school). Benefits are also payable to adult children who are disabled, if the disability began before age 22.
When the ex-spouse died after the divorce
The worker’s death does not take away the former spouse’s right to benefits. If the worker has died and the divorced spouse was married to him for at least 10 years, is at least 60 and did not remarry before turning 60, he or she will receive survivor (widow’s) benefits from the Social Security Administration.
Note: If the former spouse (Mr. Paweł’s mother) remarried, she may qualify for benefits based on the American worker’s record (Mr. Paweł’s father) after that second marriage ends (death, divorce).
More information is available on the website: www.ssa.gov
How much Mom will get
The rules on benefit amounts for former spouses and current spouses are similar. A former spouse will receive as much as a current spouse: half of the worker’s benefit, provided that he or she starts collecting benefits at full retirement age, which is 67 for people born in 1960 or later. If he or she claims benefits earlier, the benefits will be permanently reduced – by as much as 35% at age 62.
Note: Unlike a wife, a former wife (or husband) cannot receive benefits solely because she is caring for a minor child. A former wife does not have to wait until her ex starts collecting retirement benefits. It is enough that he has reached age 62.
The amount of the spousal benefit depends on the amount of the worker’s benefit. Keep in mind, however, that benefits received in Poland may be reduced for the following reasons.
In the past, if the Polish spouse also received a ZUS or KRUS (Poland’s Agricultural Social Insurance Fund) pension, the Social Security benefit could be reduced because of a rule called the Windfall Elimination Provision. WEP (together with the related Government Pension Offset) was repealed by the Social Security Fairness Act, signed on January 5, 2025 – starting with benefits payable for January 2024, Polish benefits no longer reduce Social Security benefits.
Social Security benefits paid in Poland to US tax nonresidents (people without American citizenship and without a green card) are reduced by 25.5%. The reason is that for a nonresident alien for tax purposes, 85% of Social Security benefits are subject to a 30-percent tax. This tax is governed by international tax treaties, not by the Polish-American social security agreement. This withholding does not apply to Mr. Paweł’s mother as long as she has a green card: for the IRS, a green card holder is a US tax resident – even when living in Poland – and has tax obligations in the US until formally giving up permanent resident status.
Living in Poland, the mother must also report her American benefits to the Polish urząd skarbowy (tax office) (on the PIT-36 (Polish annual tax return) form with the PIT/ZG schedule). The rules for taxation and for crediting tax paid in the US are worth checking at www.podatki.gov.pl or with a tax advisor.
Receiving American benefits will not reduce a Polish pension or disability pension.
As you can see, the rules are complicated. They are explained in detail in the book “Emerytura polska i amerykańska” (“Polish and American Pensions”).
Filing the application
The mother does not need detailed information about the father. His first and last name and date of birth are enough. A Social Security number is helpful, though not necessary. The mother only has to prove her identity and the existence of the marriage.
The worker (the father) does not have to consent to the former spouse (the mother) receiving benefits, and these benefits will not reduce the benefits of the worker or of his family.
Benefits are awarded by the Social Security Administration, and the application can be filed through the Federal Benefits Unit at the US Embassy in Warsaw or the US Consulate General in Kraków, or (since March 1, 2009) at a local office of ZUS. Here are the addresses:
Federal Benefits Unit, U.S. Consulate General
ul. Stolarska 9, 31-043 Kraków
e-mail: [email protected], fax: 48-12-424-5120
Federal Benefits Unit, U.S. Embassy
ul. Piękna 12, 00-539 Warszawa
e-mail: [email protected], fax: 48-22-504-2281
Current contact information is available on the Social Security Administration website: www.ssa.gov/foreign/iclaim.htm. Processing a claim takes several months.
Elżbieta Baumgartner
Elżbieta Baumgartner is the author of many advice books, including “Powrót do Polski” (“Returning to Poland”), “Emerytura reemigranta w Polsce, podręcznik seniora wracającego do kraju” (“A Returning Emigrant’s Pension in Poland: A Handbook for Seniors Returning Home”), “Ubezpieczenie społeczne Social Security” (“Social Security”), “WEP: Jak walczyć z redukcją Social Security dla Polaków” (“WEP: How to Fight the Social Security Reduction for Poles”), “Obywatelstwo z przeszkodami” (“Citizenship with Obstacles”). They are available in Polish-American bookstores and directly from the publisher: Poradnik Sukces, 255 Park Lane, Douglaston, NY 11363, tel. 1-718-224-3492. A list of these and many other guides is available online at: www.poradniksukces.com
Updated October 2026.
