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can an ex spouse get social security benefits

by Matt Friesen Published 2 years ago Updated 1 year ago
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Benefits For Your Divorced Spouse
If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.

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%.

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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.

How to maximize social security with spousal benefits?

According to the Social Security Administration, you may qualify for spousal benefits if:

  • Your spouse is already collecting retirement benefits.
  • You have been married for at least a year.
  • You are at least 62 years old (unless you are caring for a child who is under 16 or disabled).

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What percent of Social Security does a divorced spouse get?

50 percentThe most you can collect in divorced-spouse benefits is 50 percent of your former mate's primary insurance amount — the monthly payment he or she is entitled to at full retirement age, which is 66 and 4 months for people born in 1956 and is rising incrementally to 67 over the next several years.

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.

Does an ex wife get ex husband's Social Security benefits?

If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record. To be eligible, you must have been married to your ex-spouse for 10 years or more.

Can I collect my ex husband's Social Security and my own?

you're eligible for some of your ex's Social Security wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.

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 I collect my ex husband's Social Security at age 60?

The earliest a widow or widower can start receiving Social Security survivors benefits based on age will remain at age 60. Widows or widowers benefits based on age can start any time between age 60 and full retirement age as a survivor.

At what age can you collect your ex husband's Social Security?

age 62 or olderBenefits For Your Divorced Spouse If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.

What paperwork do I need to collect my ex husband's Social Security?

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.

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 ...

How old do you have to be to get a disability?

If you are disabled, and your ex-spouse has died, you can begin receiving survivors benefits if you're between the ages of 50 and 59. Your disability also must have started before or within seven years of your ex's death. The rules vary slightly when it comes to children. If you are caring for a child who is under age 16 or disabled, ...

Can you receive your own retirement at age 70?

That way, you receive only the ex-spousal benefit. You can let your own benefit amount continue racking up delayed retirement credits until you reach age 70. When you reach age 70, you can switch to your own benefit amount if that's larger than the ex-spousal amount.

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 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 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 old do you have to be to get spouse's Social Security?

To qualify for spouse’s benefits, you must be one of these: At least 62 years of age.

When will my spouse receive my full retirement?

You will receive your full spouse’s benefit amount if you wait until you reach full retirement age to begin receiving benefits. You will also receive the full amount if you are caring for a child entitled to receive benefits on your spouse’s record who is younger than age 16 or disabled.

What happens if your spouse's retirement benefits are higher than your own?

If your benefits as a spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit. Here is an example: Mary Ann qualifies for a retirement benefit of $250 and a spouse’s benefit of $400.

What happens if you remarry after 60?

If you remarry after age 60, there is no effect on your ability to claim Social Security benefits on your deceased spouse.

When do you start receiving survivors benefits?

If you start a survivors benefit at age 60 , the benefit will be reduced from it’s full amount. To receive the full amount, you would have to wait until your Full Retirement Age (FRA) to start your benefit. You can learn more about what your Full Retirement Age is here.

Can a widow get Social Security if she dies?

When a Social Security beneficiary dies, their widow or widower can be eligible for benefits on their deceased spouse’s record. These benefits can start earlier than normal Social Security benefits, which is a lifesaver for many people who need to fill the income gap that’s created by a deceased spouse. Starting widows or widowers benefits early ...

Can you collect survivors benefits if you are divorced?

Many divorcees will collect their own benefit, and when their ex-spouse passes, switch to collecting survivors benefits. For example, Janet was married to Chris for 30 years, they divorced, and Janet never remarried.

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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-...
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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…
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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
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