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can ex wife claim social security benefits

by Zachary Becker Jr. 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.

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.

Can Your Ex take Your Social Security after divorce?

Social Security allows you to claim benefits on an ex-spouse's record if your marriage lasted 10 years and you've been divorced for two years. The maximum spousal benefit your ex can claim is 50% of your full retirement age benefit. If you're divorced, you may have heard that your ex-spouse can take your Social Security.

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 remarrying affect my Social Security benefits?

Many divorced or widowed seniors receive Social Security from their former spouses, and remarriage can affect benefits. If you are divorced after at least 10 years of marriage, you can collect retirement benefits on your former spouse's Social Security record if you are at least age 62 and if your former spouse is entitled to or receiving benefits.

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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.

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.

Can current wife and ex wife collect 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. benefit on your record if you die before he does.

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.

How do I claim 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.

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.

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%.

Can two wives collect Social Security from one husband?

Can the woman he's currently married to also claim on it? Yes. Social Security says that multiple people are eligible to claim on one worker's record. But you can get only one benefit and one at a time.

Can you collect 1/2 of spouse's Social Security and then your full amount?

Your full spouse's benefit could be up to one-half the amount your spouse is entitled to receive at their full retirement age. If you choose to begin receiving spouse's benefits before you reach full retirement age, your benefit amount will be permanently reduced.

What can my ex wife claim money after divorce?

Generally, a former spouse is entitled to claim against your money or assets at any point up until they re-marry unless a financial consent order has been approved by the court. Many separating couples are under the impression that getting divorced breaks all financial ties.

Can you collect 1/2 of spouse's Social Security and then your full amount?

Your full spouse's benefit could be up to one-half the amount your spouse is entitled to receive at their full retirement age. If you choose to begin receiving spouse's benefits before you reach full retirement age, your benefit amount will be permanently reduced.

How is Social Security split in a divorce?

Social Security retirement benefits are different. There is no procedure for including Social Security payments in the division of assets during a divorce. However, the court may take into account the parties' Social Security benefits when considering other matters related to the divorce.

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 long does it take to get Social Security if your ex-wife is unmarried?

Your ex-wife qualifies for Social Security retirement and disability benefits if she was married to you for 10 years before the divorce and is unmarried when she files for benefits. To collect on your benefits, she must be age 62 or older and the benefit she would receive based on her own work record must be lower than her benefit from your record. In other words, she is entitled to the higher benefit. If your ex-wife remarries, she usually will no longer be able to collect benefits based on your work record unless the marriage is terminated by divorce, annulment or death. If your ex-wife is caring for your child who is age 16 or younger or disabled, she may be eligible for additional benefits that are based on the child’s eligibility and continue despite remarriage.

How much does the SSA pay for survivors?

The SSA would pay her 100 percent of your entitled benefit amount in survivors benefits if she is at full retirement age. Full retirement age for retirement and survivors benefits are different, though. If she is between age 60 and full retirement age, she gets 71.5 to 99 percent of your entitled benefit.

How old do you have to be to get Social Security if you pass away?

She generally had to be married to you for 10 years before the divorce to qualify and has to be at least 60 years old (age 50 if disabled).

Can my ex wife get Social Security?

If you qualify for Social Security retirement or disability benefits, your ex-wi fe can also get benefits if she meets the Social Security Administration’s eligibility requirements. She would get monthly benefits on a tax-free basis just like you. Her benefits won’t affect how much you get, though.

Does the SSA pay for ex spouse?

Benefit Amounts for Ex-Spouses. The SSA pays the same amount in benefits to your ex-wife as a current wife would get. She would get one-half of your Social Security disability and retirement benefits. Her retirement benefits are permanently reduced if she gets them before reaching full retirement age, which is based on her year of birth.

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)

Will spousal benefits impact married spouses?

The answer is simple: No, there will be no impact. This is also the case for married spouses.

Can a divorced spouse collect spousal benefits?

Spousal benefit eligibility for divorced spouses. One out of three seniors believe that divorced spouses cannot collect spousal benefits, but they are wrong. The truth is that eligibility for spousal benefits is quite similar for both divorced and married spouses. In the case of Jerry and Ann, not only is Ann currently eligible to receive spousal ...

Can Ann and Jerry get spousal benefits?

In the case of Jerry and Ann, not only is Ann currently eligible to receive spousal benefits, but she is also at an advantage for having been divorced. Let’s analyze. Have been divorced for at least two years before you claim OR have an ex-spouse already collecting Social Security retirement benefits.

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.

How old do you have to be to qualify for Social Security?

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.

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.

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.

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.

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.

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.

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 ...

Can I collect Social Security if I'm divorced in 2021?

Updated Mar 26, 2021. If you are divorced, you may be eligible to collect Social Security benefits based on the earnings of your ex-spouse. This article explains how to qualify for those benefits and how much you can expect to receive from Social Security.

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Eligibility For Retirement and Disability

  • Your ex-wife qualifies for Social Security retirement and disability benefits if she was married to you for 10 years before the divorce and is unmarried when she files for benefits. To collect on your benefits, she must be age 62 or older and the benefit she would receive based on her own work record must be lower than her benefit from your record....
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Eligibility For Surviving Ex-Spouses

  • If you pass away, the requirement for your ex-wife to get Social Security survivors benefits has a few differences. She generally had to be married to you for 10 years before the divorce to qualify and has to be at least 60 years old (age 50 if disabled). Her disability must meet the SSA’s adult definition of disability and occurred before or within seven years of your death. If she remarries …
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Benefit Amounts For Ex-Spouses

  • The SSA pays the same amount in benefits to your ex-wife as a current wife would get. She would get one-half of your Social Security disability and retirement benefits. Her retirement benefits are permanently reduced if she gets them before reaching full retirement age, which is based on her year of birth. Her survivors benefits are determined differently. The SSA would pay her 100 perce…
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Considerations When Delaying Retirement

  • If you have not applied for retirement benefits but qualify for them, your ex-spouse can receive benefits based on your work record if you have been divorced for at least two years. The benefit your ex-wife receives has no impact on the benefits you or your current wife will receive when you apply for retirement benefits.
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Who Is Eligible?

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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. If you have remarried, you cannot claim your ex's benefits. If you get married while you are receiving benefits, your eligibility will come to an end. But if this later marriage en…
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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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