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can my ex spouse reduce my social security benefits

by Shaun Kuhic DVM Published 2 years ago Updated 1 year ago
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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.

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 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 a divorced woman get part of her ex husband's Social Security?

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 divorce affect my Social Security benefits?

Does my divorced-spouse benefit decrease what my ex gets from Social Security? No. Receiving benefits on the earnings record of your ex-spouse will not change what that person can receive from Social Security. They'll collect the benefit they're entitled to, regardless of whether you claim an ex-spousal benefit.

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 my ex wife collect on my Social Security if I remarry?

Can I collect Social Security as a divorced spouse if my ex-spouse remarries? Yes. When it comes to ex-spouse benefits, Social Security doesn't care about the marital status of your former spouse; it only cares about your marital status.

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 does Social Security work for divorced spouses?

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.

How are ex spouse Social Security benefits calculated?

Yes. A representative at your local Social Security office can provide estimates of the benefit you can receive as a divorced spouse, based on your former wife's or husband's earnings record. Call your local office or Social Security's national customer service line (800-772-1213) to make an appointment.

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.

How long do you have to be divorced before you can collect Social Security?

If the earning spouse is of retirement age and is eligible for benefits but hasn't applied for them yet, spouses must be divorced for at least two years before the other can collect on his Social Security benefits.

How long does a marriage last?

Duration of the Marriage. A marriage must last a minimum of 10 years before one spouse can collect on the basis of the other's benefits after a divorce. The cutoff date is the date your divorce is final, not when the paperwork is initially filed.

Can my ex-husband remarry?

An additional spouse's benefits don't diminish or extinguish any other claim. Your ex can't remarry, however.

Can an ex-spouse collect Social Security?

An exception exists if the ex-spouse is caring for the couple's child who is either disabled or younger than 16 and is also collecting Social Security benefits.

Does my ex get the same Social Security?

Your ex doesn't receive the same amount of Social Security benefits as you do. She's only entitled to 50 percent of your benefits, and that's if she does not begin collecting until full retirement age. For example, if your benefits are $1,300 a month, she gets $650 a month.

Can my ex remarry?

Your ex can't remarry, however. Her benefits stop if she does unless and until her subsequent marriage ends by death, divorce or annulment.

Can I get my spouse's Social Security if I'm married?

Can I Get My Spouse's Social Security Benefits if I Have Just Married? The federal government is generous in several respects when it comes to Social Security benefits. Under some circumstances, your spouse can collect on your work history when she reaches retirement age even if you divorce. This doesn't affect your own benefits in any way – you'll ...

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.

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.

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 a marriage last?

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 his or her retirement benefits yet for you to claim ex-spousal benefits.

Does divorce affect Social Security?

Any benefits you receive as a divorced spouse do not affect Social Security benefits paid to your ex, or to their current spouse if they have remarried.

How long can an ex spouse collect spousal benefits?

Ex-spouses who were legally wed for at least 10 years and who haven't remarried can also collect spousal benefits based on their former partner's work history.

How does Social Security work after divorce?

Social Security spousal-benefit rules allow a lower-earning (or nonworking) spouse to obtain benefits based on the other spouse 's work history. These benefits aren't just available to people who are currently married. Ex-spouses who were legally wed for at least 10 years and who haven't remarried can also ...

Can you divide property in divorce?

Divorce can create a lot of financial complications. That's true not just in the short term as you divide up property, but also potentially in the long term if your ex is entitled to a share of your pension funds or other retirement income. One issue you may be concerned about when ending your marriage is whether or not your ex-spouse's eligibility ...

Can my ex-partner receive Social Security?

Since your ex-partner could potentially receive thousands of dollars a year in Social Security spousal benefits based on your work history, you may be concerned that this could reduce your own retirement checks.

What age can an ex-spouse receive Social Security?

You are unmarried. You are age 62 or older . Your ex-spouse is entitled to Social Security retirement or disability benefits. The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.

When do divorced spouses' Social Security benefits end?

If you receive divorced spouse social security benefits, your benefits end if you remarry.

What percentage of my spouse's Social Security benefits are at 62?

63 is about 25 percent. 64 is about 20 percent. 65 is about 13.3 percent. 66 is about 6.7 percent. If you start receiving spouse’s benefits at age 62, your monthly benefit amount is reduced to about 32.5 percent of the amount your spouse would receive if their benefits started at full retirement age.

What happens if you remarry and you are divorced?

If you were drawing divorced spouse benefits while single and then you remarry, those benefits will be terminated. You are required by law to report your change in marital status to Social Security.

How long do you have to be married to collect Social Security benefits?

To get these benefits, you must: Have been married for at least 10 straight years. You are at least 62 years old.

How much do widows get from a divorce?

A divorced widow or widower, age 60 will receive up to 99% of the deceased worker’s basic amount. Disabled and divorced widow or widower aged 50 through 59 would receive 71½%.

What happens if you start your Social Security benefits early?

However, if you start benefits early, your benefits are reduced a small percentage for each month before your full retirement age.

What happens if my spouse has already filed for spousal support?

If your spouse has already filed, you will automatically receive the larger of your own or the spousal benefit. If your spouse has not filed yet but you have, when your spouse files, the deemed filing rules come into play.

How old do you have to be to claim spousal benefits?

To claim a spousal benefit based on an ex-spouse's earnings record, your ex-spouse has to be 62 and eligible for benefits, but there is no requirement that they must have already filed for benefits. 1 . To claim a spousal benefit based on your current spouse's earnings record, your current spouse must have filed for their own benefits already ...

What is deemed filing for Social Security?

Deemed Filing Rules. When you file for your Social Security retirement benefits you are deemed to be filing for both your own benefit and a spousal benefit, and you will be given the higher of the two. 3 .

How old do you have to be to apply for a restricted pension?

Widows and widowers can use a restricted application at any time age 60 or older, but if you are not a widow or widower you can only restrict your application if:

Can a spouse file for spousal benefits?

There used to be a strategy for married couples called " file and suspend " where one spouse would file but immediately suspend their benefits, which allowed the other spouse to file for spousal benefits. However, this strategy is no longer available. Due to Social Security laws that were passed in November 2015 anyone who suspends benefits after April 30, 2016, will end up suspending all benefits based on their record — which means a spouse cannot collect spousal benefits during a time when their spouse has "suspended" benefits. 3 

Is Social Security confusing?

Social Security spousal benefits are confusing, and among the most common thing readers ask about. The most frequent cause for confusion comes from one small difference between benefits for a spouse versus an ex-spouse.

Do you file for spousal or own Social Security?

When you file for your Social Security retirement benefits you are deemed to be filing for both your own benefit and a spousal benefit, and you will be given the higher of the two. 3 

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Duration of The Marriage

  • A marriage must last a minimum of 10 years before one spouse can collect on the basis of the other's benefits after a divorce. The cutoff date is the date your divorce is final, not when the paperwork is initially filed. If the earning spouse is of retirement age and is eligible for benefits but hasn't applied for them yet, spouses must be divorced for at least two years before the other ca…
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The Effect of Remarriage

  • If your ex collects Social Security based on your work record, your remarriage doesn't affect this in any way. Your ex will continue to receive benefits and your current spouse can also collect on your work record even if the two of you later divorce but were married a minimum of 10 years. An additional spouse's benefits don't diminish or extinguish any other claim. Your ex can't remarry, …
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Age Factors

  • With one exception, an ex-spouse isn't eligible for Social Security benefits until age 62 – either her own or anyone else's. If she cares for the couple's child who's either disabled or younger than 16 and collecting benefits, she does not have to wait until retirement age to apply for her ex-spouse's benefits. Otherwise, at age 62, she can collect...
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Other Factors

  • Your ex doesn't receive the same amount of Social Security benefits as you do. She's only entitled to 50 percent of your benefits, and that's if she does not begin collecting until full retirement age. For example, if your benefits are $1,300 a month, she gets $650 a month. If she begins collecting at age 62, the percentage is less. She can't collect based on your benefits at all if hers are more.
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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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