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can i draw my ex husband's social security benefits

by Leilani Heller 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.

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.

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 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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Can a divorced woman collect her ex husbands Social Security?

A divorced spouse may be eligible to collect Social Security benefits based on the former spouse's work record. The marriage must have lasted for at least 10 years, and the divorced spouse must be at least 62 years old.

When can I collect my 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.

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.

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 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 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 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.

Can I stop my ex wife from getting my Social Security?

There's nothing anyone can do to prevent their ex from claiming their Social Security. Even though some divorce decrees specify that one spouse will relinquish their rights to collect the other spouse's benefits, the Social Security Administration says these provisions “are worthless and are never enforced.”

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 half of my ex husband's Social Security at 62?

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.

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 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.

Can I collect Social Security if my ex-husband 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. If you remarry while receiving benefits based on your ex-spouse entitlement, and that person is still alive, you will no longer be eligible ...

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.

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.

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 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.

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 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 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.

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.

How old do you have to be to get Social Security?

You are at least 62 years old. You are single. 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.

What happens if you start taking unemployment at 62?

A few more details: If you start taking benefits at 62 and continue to work, you’ll be subject to the retirement earnings test. Your benefits could be reduced depending on the amount of income you earn.

When can you start receiving survivor benefits?

But there is one other big difference: You can begin receiving survivor benefits at age 60, or 50 if you’re disabled. Your Guide to Roth Conversions. You may also be eligible for “child in care” benefits if you are caring for the deceased’s children (16 years old or younger, or disabled).

Does the SSA accept birth certificates?

The SSA will accept copies of tax and medical records, but needs the originals of most other documents, such as birth certificates. Don’t worry if you don’t know where your papers are located. “Do not delay applying for benefits because you do not have all the documents,” it says in bold letters on the SSA website.

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 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).

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 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 ...

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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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