Can a divorced person collect Social Security from an ex?
The basic rules for divorced spouses and Social Security say that if an individual was married for at least 10 years and then divorced, they are eligible to collect spousal benefits on the earnings record of their ex-spouse as long as they are at least 62 years of age and currently single.
How to estimate Social Security benefits from a former spouse?
- If you are of full retirement age or older, you would receive 100%.
- If you are age 60 or older but not yet of full retirement age, you would receive 71.5% to 99%.
- If are 50 to 59 years old and disabled, you would receive 71.5%.
Will I get my ex-husband's social security when he dies?
A: Yes, your spousal Social Security benefits you currently receive will convert to survivor benefits at the time of your ex-husband's death, according to David Cechanowicz, director of education at Social Security Timing.
Will my surviving spouse receive my SSDI benefits?
Surviving Spouses. If your spouse who was receiving SSDI benefits dies, you may be eligible to receive widow’s or widower’s benefits. (This is only true, however, if your spouse was “currently insured” before becoming disabled.) You will receive 75% of your deceased spouse’s SSDI benefit.
Can a divorced woman collect her ex husband's Social Security?
Social Security Benefits for Divorced Women Thus, divorced women receive Social Security benefits either as retired workers, divorced spouses, or surviving divorced spouses. They can also receive widow benefits from a prior marriage that ended in widowhood.
When can an ex wife collect ex husband's Social Security?
To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death.
How do I get my ex-spouse's Social Security benefits?
Form SSA-2 | Information You Need to Apply for Spouse's or Divorced Spouse's Benefits. You can apply: Online, if you are within 3 months of age 62 or older, or. By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.
Can I collect my ex husband's Social Security then switch to mine?
Can I collect Social Security as a divorced spouse and wait to claim my own retirement benefit? In most circumstances, no. You can only file what Social Security calls a “restricted application” to claim ex-spousal benefits alone and postpone claiming your retirement benefits if: You were born before Jan.
Which wife gets the Social Security?
Many women get a higher benefit based on their ex- spouse's work, especially if that spouse is deceased. When you apply, you'll need to give your spouse's Social Security number. If you don't know your spouse's number, you'll need to provide your spouse's date and place of birth and the names of your spouse's parents.
Can you collect 1/2 of ex-spouse's Social Security and then your full amount?
You're eligible for spousal benefits if you're married, divorced, or widowed, and your spouse is or was eligible for Social Security. Spouses and ex-spouses generally are eligible for up to half of the spouse's entitlement. Widows and widowers can receive up to 100%.
What percent of Social Security does a divorced spouse get?
50%“Had she waited six months, she would have had access to a substantial spousal benefit from her ex-husband,” Freitag said. Claiming benefits on your ex-spouse triggers what is known as a spousal benefit, which is worth a maximum of 50% of the retirement benefit.
Can I collect on my ex husband's Social Security when I turn 62?
Your ex-spouse does not have to file for their own Social Security benefits for you to be eligible to receive a benefit based on their record, but they have to be eligible for those benefits. They must be at least age 62, the earliest age you become eligible for your social security retirement benefits.
How old do you have to be to claim your ex-spouse?
However, if this is the case, the divorce must be at least two years old. (There is no such requirement if your ex is already receiving benefits.)
How long do you have to be married to collect spousal benefits?
You are eligible to collect spousal benefits on a living former wife’s or husband’s earnings record as long as: The marriage lasted at least 10 years. You have not remarried. You are at least 62 years of age. Your ex-spouse is entitled to collect Social Security retirement or disability benefits . Your former spouse doesn't have to be collecting ...
Who Is Eligible?
You must still be single to claim benefits based on your ex-spouse's earnings record. Your ex-spouse's current marital status has no impact.
Social Security Benefits
The maximum amount of Social Security benefits you can receive based on an ex-spouse's record is 50% of what your ex-spouse would get at their full retirement age. This varies based on their year of birth. The spousal benefit amount is further decreased if you file before you reach your own full retirement age. 3
Survivors Benefits Explained
If your ex-spouse has died, you may collect survivor's benefits. These follow different rules than those for a living ex-spouse. You can apply for benefits as early as age 60. If you remarry after you reach age 60, or age 50 if you are disabled, you will still be able to claim these benefits.
What About Unmarried Children?
An unmarried child of the deceased may be able to receive benefits if one of the following applies:
Frequently Asked Questions (FAQs)
Even if you are divorced, you are eligible for up to 50% of your ex-spouse's benefits as long as you meet the qualifications described above. If you qualify for your ex's benefits and your own, you can claim the higher amount. 9
Why the 10-year mark is so important
For couples planning a divorce, the 10-year Social Security rule can make a huge difference.
What happens if your ex-spouse dies
If your ex-spouse dies, you may qualify for what’s known as a death benefit, which is worth up to 100% of the monthly checks they received. Again, the 10-year marriage rule applies in this case.
How much of my ex's Social Security benefits are used?
If your own benefit is less than 50% of your ex's, Social Security uses your benefit and then taps your former spouse's record to make up the difference. You can contact your local Social Security office to find out how much you could get based on their record.
What happens if you claim Social Security at 62?
Keep in mind that if you claim Social Security at 62, you'll reduce your monthly benefit no matter whose earnings it's based on. To get the maximum payment -- 50% of theirs or 100% of your own -- you'll have to wait until you've reached your FRA. Claim before that and you'll get less than half their benefit.
How old do you have to be to claim Social Security?
Both of you must be at least 62. To claim on behalf of an ex-spouse, he or she needs to be eligible for Social Security. That means they must be at least 62 and have at least 40 work credits, which translates to 10 years of full-time work. You also need to be at least 62, regardless of whose record you're using.
Can you double dip Social Security?
Social Security doesn't allow for double dipping. Essentially, you'll get whichever is higher -- 100% of your own retirement benefit or 50% of their benefit, but not both. If the amount you qualify for based on your own work record is more than what you'd get from 50% of your former spouse's full retirement, Social Security gives you your benefit, ...
What happens if my ex-wife gets Social Security at 62?
If the ex-wife claims Social Security at 62, before FRA, it is reduced from her FRA amount. Not only that, “she’s going to get a spousal reduction top-up [as well],” says Mantell.
Will she get 50% of her FRA?
In other words, she’ll get half of what his benefit would be at full retirement age, says Chris Chen, head of Financial Strategists in Newton, Massachusetts. “She doesn’t have to wait until he claims at a later age. She will only get 50% of his benefit at his FRA,” he says.
Can a divorced spouse claim Social Security?
Even in the best of times, Social Security is a maze of complicated rules and notable exceptions. For a divorced spouse who wants to claim benefits on their ex’s record, it can get even trickier.
What happens if my ex spouse's Social Security benefits are higher?
If the benefit on your ex-spouse's record is higher, you will get an additional amount so that the combination of benefits equals that higher amount. 1. If you were born before January 2, 1954, ...
How long can I get Social Security if I was married?
If you were married for at least 10 years , you may be able to collect Social Security benefits based on your ex's work record. If you meet the requirements, you can receive benefits equal to as much as 50% of your ex's retirement benefit.
How long do you have to be married to collect Social Security?
To collect Social Security benefits based on a former spouse's earnings record, a divorced spouse must meet these requirements: You must have been married to that spouse for 10 years or more . You must be at least age 62. You cannot currently be married.
How to apply for divorce benefits?
How to Apply for Benefits as a Divorced Spouse. You can apply for benefits online by going to SSA.gov, or making an appointment at your local Social Security office. To apply for benefits on a former spouse's work record, you will need to have that person's Social Security number or date and place of birth and parents’ names. 7.
How old do you have to be to get a divorce?
The marriage must have lasted for at least 10 years, and the divorced spouse must be at least 62 years old. If the requirements are met, the divorced spouse can receive an amount equal to as much as 50% of their ex's benefits.
Can a spouse receive survivor benefits if they are divorced?
If the spouse is deceased, the former partner may be eligible for a survivor's benefit of up to 100% of that amount. In either case, the divorced spouse must have reached full retirement age in order to receive the full (50% or 100%) benefit.
Can I apply for Social Security if my spouse is divorced?
When you apply for spousal benefits as a divorced spouse, Social Security will assume you are also applying for benefits on your own work record, and you'll be eligible for the higher amount of the two. If your benefit is lower, Social Security will first pay you an amount based on your record, then make up the difference between ...
How long do you have to be married to get Social Security?
There are other rules, of course. You must have been married to your ex-spouse for 10 years or more .
How long do you have to be married to collect unemployment benefits?
You must have been married to your ex-spouse for 10 years or more. If you’ve remarried, you can’t collect benefits on your former spouse’s record unless your later marriage ended by annulment, divorce, or death.
Can thinking about an ex-spouse be emotional?
No doubt about it — thinking of an ex-spouse can be emotional. And, if your finances have changed for the worse since the breakup, even more emotions can surface.
What happens if you remarry?
There are limited circumstances in which remarrying does not terminate benefits you collect on the record of a living former spouse. One is if you remarry that same person. The other is if your new spouse is receiving certain types of Social Security benefits, specifically: 1 Survivor benefits 2 Divorced-spouse benefits 3 Childhood disability benefits (benefits an adult who was disabled before reaching age 22 continues to receive on a parent’s work record)
Can I claim my ex wife's Social Security if she is married?
You cannot claim divorced-spouse benefits tied to a living former mate if you are married. If you began drawing such ex-spousal benefits when you were single but then remarry, those payments will be terminated (except as noted below). You are required to report changes in marital status to Social Security. If your ex-spouse is deceased, you can ...
Does remarrying terminate Social Security?
There are limited circumstances in which remarrying does not terminate benefits you collect on the record of a living former spouse. One is if you remarry that same person. The other is if your new spouse is receiving certain types of Social Security benefits, specifically: Survivor benefits. Divorced-spouse benefits.
Can I remarry my ex-wife?
You are required to report changes in marital status to Social Security. If your ex-spouse is deceased, you can remarry and continue collecting survivor benefits on his or her earnings record, as long as you were 60 or older when you remarried (50 or older if you are disabled).
Divorce and Social Security Spousal Benefits
If you are divorced, you must have been married for at least 10 years to be eligible for a spousal benefit through your ex-spouse. In addition, you’ll need to have been divorced for at least two years and be currently unmarried. “Both you and your ex-spouse must be at least 62.
Eligibility Requirements for Divorced Spouses
Before you can receive benefits on your ex-husband’s Social Security work record, you must meet all of the following spousal-benefit eligibility requirements: • your ex is entitled to Social Security retirement benefits • your marriage lasted at least 10 years • you are unmarried • you’re at least 62 years old, and • the benefit you’re entitled to on your own work record is less than the benefit you’d receive on your ex’s record. If your ex-husband hasn’t applied for benefits yet, but qualifies for them and is age 62 or older, you can receive benefits on his record if you’ve been divorced from him for at least two years and meet all of the requirements listed above..
Eligibility When Your Ex-Spouse is Deceased
If your ex-husband dies, you may receive benefits on his record, as long as your marriage lasted for at least 10 years.
Types of Social Security Benefits
There are four basic types of benefits based on the person receiving them. The types are retirement, disability, survivors and supplemental benefits.
Retirement Benefits
Retirement benefits are what typically come to mind when most people think of Social Security. Such benefits are available for people 62 or older who have worked at least 10 years. Your benefit amount will vary based on your pre-retirement salary as well as the age at which you begin collecting benefits.
Disability Benefits
Disability benefits support people who cannot work because of disabilities. As with retirement benefits, you need to have worked a certain number of years to be eligible for Social Security Disability Insurance (SSDI) benefits. The amount of work you need depends on your age, and your monthly benefit amount depends on your pre-disability salary.
Survivors Benefits
Survivors’ benefits can help bridge financial gaps for survivors of workers and retirees. Eligible recipients typically include help for widows and widowers, divorced spouses and children.
Who Is Eligible?
Social Security Benefits
- The maximum amount of Social Security benefits you can receive based on an ex-spouse's record is 50% of what your ex-spouse would get at their full retirement age. This varies based on their year of birth. The spousal benefit amount is further decreased if you file before you reach your own full retirement age.3 If you have an idea of what your ex-...
Survivors Benefits Explained
- If your ex-spouse has died, you may collect survivor's benefits. These follow different rules than those for a living ex-spouse. You can apply for benefits as early as age 60. If you remarry after you reach age 60, or age 50 if you are disabled, you will still be able to claim these benefits. If you are disabled, and your ex-spouse has died, you can begin receiving survivors benefits if you're betwe…
What About Unmarried Children?
- An unmarried child of the deceased may be able to receive benefits if one of the following applies: 1. They are younger than 18 years of age; or, they are up to age 19, if they are a full-time student in an elementary or secondary school. 2. They are age 18 or older with a disability that began before the age of 22.8