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can an ex wife collect social security benefits

by Mr. Ellis Wilderman II Published 2 years ago Updated 1 year ago
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Yes. 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.

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 my ex wife collect my 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.

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

you're eligible for some of your ex's Social Security 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.

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.

How much Social Security does a divorced spouse get?

If they qualify, your ex-spouse, spouse, or child may receive a monthly payment of up to one-half of your retirement benefit amount. These Social Security payments to family members will not decrease the amount of your retirement benefit.

Which wife gets the Social Security?

Most working women who reach retirement age receive their own Social Security benefit amount because it's more than one-third to one-half of their spouse's rate. If your spouse dies before you, you can apply for the higher widow's rate.

Can I collect ex spousal benefits and wait until I am 70 to collect my own Social Security?

You can only collect spousal benefits and wait until 70 to claim your retirement benefit if both of the following are true: You were born before Jan. 2, 1954. Your spouse is collecting his or her own Social Security retirement benefit.

What is the maximum spousal benefit for Ann?

The maximum spousal benefit for Ann would be half of Jerry’s PIA (or earned benefit at Full Retirement Age).

What is the second loophole in Social Security?

The second loophole that the law ended was a practice called file and suspend. File and suspend was a popular method used by married couples to get the most out of their Social Security benefits. In that scenario, the higher earning spouse would file for earned retirement benefits when he or she reached Full Retirement Age, but then suspend those benefits. His or her spouse, however, was still allowed to start collecting spousal benefits. Meanwhile, the higher earning spouse would delay taking Social Security for as long as possible to grow their earned benefits. This loophole is entirely closed and would not make sense for divorced couples who aren’t combining income and don’t require that the higher earning spouse claim earned benefits before the other spouse can collect spousal benefits.

How much PIA do Ann and Jerry get?

Since Jerry and Ann are both 65, they could theoretically start collecting 92.2% of their PIA or 45.1% of their spouse’s benefit. Let’s calculate Ann’s benefit options:

What is Ann's PIA?

The amount that Ann is entitled to receive is based on Jerry’s PIA, Ann’s PIA and when Ann decides to claim Social Security. As we mentioned above, PIA represents the amount that you are eligible to receive in earned Social Security retirement income per month if you claim at Full Retirement Age . The Social Security Administration will multiply your PIA by a factor, depending on when you decide to start collecting Social Security benefit; you can start collecting benefits at 62, but the longer you wait, the more the monthly amount will grow, until you hit 70.

How old are Jerry and Ann?

Jerry and his ex-wife Ann were both born in 1955 and are now 65 years old; Full Retirement Age for them is 66 and 2 months

What should Ann and Jerry's decisions be based on?

For both Ann and Jerry, decisions around when to claim should be based on their expected life spans, earnings expectations and how much they need the money to cover expenses.

How long do you have to be married to claim Social Security?

Have been married to the relevant ex-spouse for at least 10 years. Have been divorced for at least two years before you claim OR have an ex-spouse already collecting Social Security retirement benefits. Be unmarried. Be age 62 or older (the same goes for your ex-spouse)

What is a PIA?

The PIA is the benefit amount they would receive at their full retirement age. 4. If you collect benefits based on your ex-spouse's record, it does not reduce the amount your ex-spouse receives. It also does not impact their current spouse, if they have one.

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, ...

How old do you have to be to be a sailor?

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.

How much do you get if you are 60?

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%. If you are caring for your ex-spouse's child who is disabled or under the age of 16, you would receive 75%, no matter your age. 6 7.

Who is Dana Anspach?

Social Security Benefits for an Ex-Spouse. Dana Anspach is a Certified Financial Planner and an expert on investing and retirement planning. She is the founder and CEO of Sensible Money, a fee-only financial planning and investment firm. David Kindness is an accounting, tax and finance expert.

Does your ex spouse get benefits based on your record?

If you collect benefits based on your ex-spouse's record, it does not reduce the amount your ex-spouse receives. It also does not impact their current spouse, if they have one. And if your ex-spouse has one or more other ex-spouses who have also not remarried, that will not reduce your benefits.

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.

How much can my wife get from Social Security?

Your wife can potentially receive benefits equal to half of your full retirement benefits. To qualify, she has to wait until you start receiving benefits. She must either be 62 or older or taking care of a child of yours under 16 who gets Social Security disability. If either of you is under full retirement age -- 67 for anyone born after 1959 -- she gets less than the full 50 percent.

Does SSA lower spousal benefits?

If she has a separate pension for work not covered by Social Security -- typical of certain government jobs, for instance -- the SSA may lower her spousal benefits.

When did Fraser Sherman start writing?

A graduate of Oberlin College, Fraser Sherman began writing in 1981. Since then he's researched and written newspaper and magazine stories on city government, court cases, business, real estate and finance, the uses of new technologies and film history.

Can my ex wife claim my spousal benefits?

If your wife or ex-wife worked for a living, she may be able to claim benefits under her own work history. If she gets better benefits based on her own income, the SSA won't let her double-dip and get benefits through you too. If, however, her spousal benefits are better than her own, she gets the higher amount. If she has a separate pension for work not covered by Social Security -- typical of certain government jobs, for instance -- the SSA may lower her spousal benefits.

Can my wife collect Social Security at full retirement age?

If your wife or ex-wife is full retirement age, she can postpone collecting her own benefits and receive spousal benefits instead. This earns credits from the SSA that boost her own Social Security income when she finally claims it. If she works while receiving benefits and she's under full retirement age, SSA cuts her benefits, but it makes up the losses with bigger payments later. At full retirement age, she can work without any cut to her benefits.

Can ex wife receive Social Security?

Wives and ex-wives can all receive Social Security benefits based on your income. If you have a current wife and an ex-wife, the Social Security Administration calculates their benefits independently: what your ex gets won't affect your wife's income, and vice versa. They both get the full amount to which they are entitled.

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 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.

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 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.

How much of your ex's retirement benefits can you receive?

If you meet the requirements, you can receive benefits equal to as much as 50% of your ex's retirement benefit. Filing for these benefits is a fairly straightforward process, and to protect your privacy, your ex-spouse won't be notified when you do.

How long do you have to be married to get a divorce?

You must have been married to that spouse for 10 years or more.

Can an ex-partner collect Social Security if he remarries?

Even if the former spouse remarries and the new spouse is collecting Social Security benefits based on that person's employment record, the ex-partner can also collect based on that record. 6

What happens if my ex wife receives SSI?

Supplemental Security Income. If your ex-wife receives Supplemental Security Income—SSI—and also receives alimony, her SSI benefits are lower than if she did not receive alimony. The SSA defines alimony as unearned income.

How much is my ex wife's SSI benefit reduced?

For example, if your ex-wife's monthly SSI benefit is $700 and you pay her $300 in alimony, her monthly benefit will be reduced by $300.

How long do I have to be married to get SSDI?

In order for your ex-wife to receive SSDI based on your disability, she must be over the age of 62 and you must have been married for at least 10 years. The amount of SSDI your ex-wife receives does not impact the maximum family benefit that you and your family receive from SSDI. Advertisement.

Can my ex wife get SSDI?

Your ex-wife may receive Social Security Disability Income—SSDI—based on your condition, even if you are paying alimony. As with other Social Security benefits, alimony is considered unearned income and will reduce the overall amount of benefits she receives. In order for your ex-wife to receive SSDI based on your disability, ...

Can an ex wife collect Social Security if she receives alimony?

If the amount of alimony your ex-wife receives is more than the SSDI or SSI benefits, she may not be able to collect Social Security payments.

How Does Divorce Affect the Collection of Social Security?

Social Security benefits are the most important source of retirement income in the United States. Here’s information on whether or not a woman can collect her ex-husband’s social security.

How Much Social Security Benefits Can I Collect as an Ex-Spouse?

A spouse is eligible to collect up to 50% of their ex-spouse’s primary insurance amount.

How to Apply for Social Security Benefits as an Ex-Spouse

A spouse can apply for Social Security benefits online through an application form or from their My Social Security account, by phone at 800-772-1212, or by making an appointment at their local Social Security office.

FAQs About How Divorce Affects Social Security Collection

No. Any benefits paid to you (an ex-spouse) do not affect the current benefits he and his current spouse (if applicable) receive.

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)

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.

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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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