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can i claim social security benefits from my ex husband

by Miss Kristina White Published 2 years ago Updated 1 year ago
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Your ex-spouse is entitled to collect Social Security retirement or disability benefits. Your former spouse doesn't have to be collecting his or her retirement benefits yet for you to claim ex-spousal benefits. However, if this is the case, the divorce must be at least two years old.

Am I Entitled To My Ex-Spouse's Social Security? 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.

Full Answer

Can ex wife collect her ex husbands social security?

In general, a divorced spouse is entitled to a Social Security benefit that’s equivalent to 50% of the ex-spouse’s retirement benefit even if the ex-spouse has remarried. 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 collect my ex husbands social security?

Your ex-spouse qualifies for Social Security benefits. You can even begin drawing benefits before your ex has retired, as long as they qualify and you’ve been divorced at least two years. How Much Can I Receive?

Can I collect on my exhusbands Social Security?

You can receive benefits on an ex-spouse’s record if you have been divorced for at least two continuous years and the ex-spouse has not applied for retirement benefits but can qualify for them. If you are eligible for retirement benefits on your own record, the Social Security Administration (SSA) will pay that amount first.

Can you get Social Security for your ex husband?

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.

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

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. Also, if you're entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse's work.

Can I draw money from my ex husband's Social Security?

You were married to your ex-spouse for at least 10 years. The benefit you are entitled to receive based on your own work history is less than the benefit you would receive based on your former spouse's work history. Your ex-spouse qualifies for Social Security benefits.

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.

When can I claim half of my spouse's Social Security?

You can receive up to 50% of your spouse's Social Security benefit. You can apply for benefits if you have been married for at least one year. If you have been divorced for at least two years, you can apply if the marriage lasted 10 or more years. Starting benefits early may lead to a reduction in payments.

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, ...

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.

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.

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 ...

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, ...

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.

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.

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.

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.

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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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