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can you receive social security benefits from an ex spouse

by Dr. Scot Bednar DVM Published 3 years ago Updated 2 years ago
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If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.

Can a divorced person collect Social Security from an ex?

The basic rules for divorced spouses and Social Security say that if an individual was married for at least 10 years and then divorced, they are eligible to collect spousal benefits on the earnings record of their ex-spouse as long as they are at least 62 years of age and currently single.

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.

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 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 can a divorced spouse get?

The 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 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.

Can an ex wife get Social Security benefits?

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.

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.

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.

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.

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.

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 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.

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 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.

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.

Filing For Divorce Spousal Benefits

Your ex-spouse has to be a minimum of 62 years old for you to collect spousal benefits. In addition, you have to have been married for at least 10 years or more. Your ex-spouse must also be entitled to Social Security disability or retirement benefits, and any benefits you are entitled to must be less than the benefits they receive.

Collecting Benefits from Multiple Spouses

Generally, if you remarry, you are not eligible to receive Social Security disability benefits from an ex-spouse. However, if your latter marriage ends due to annulment, divorce or the death of your spouse, you may be eligible to receive benefits from your former spouse.

Having a Social Security Disability Attorney Advocate for You May Help

When navigating the world of Social Security disability benefits, it can be extremely beneficial to have a Social Security disability attorney on your side to help you advocate for the benefits you deserve.

What happens if Chris passes away before Janet?

If Chris passes away before Janet, Janet could elect to start receiving Chris’ full benefit if it was larger than hers, just like a married spouse would be able to keep the larger of the 2 checks. It does not matter if Chris was remarried or not.

What happens if you remarry after 60?

If you remarry after age 60, there is no effect on your ability to claim Social Security benefits on your deceased spouse.

What happens to Colleen's check if she dies first?

If Colleen passes first, the $1,500 check also goes away. No matter what happens, when one part of the couple dies, there will be a significant loss of income. We recommend everyone in retirement have at least $25,000 worth of life insurance to make up for this immediate loss of income.

Can you collect survivors benefits if you are divorced?

Many divorcees will collect their own benefit, and when their ex-spouse passes, switch to collecting survivors benefits. For example, Janet was married to Chris for 30 years, they divorced, and Janet never remarried.

Can a widow get Social Security if she dies?

When a Social Security beneficiary dies, their widow or widower can be eligible for benefits on their deceased spouse’s record. These benefits can start earlier than normal Social Security benefits, which is a lifesaver for many people who need to fill the income gap that’s created by a deceased spouse. Starting widows or widowers benefits early ...

When do you start receiving survivors benefits?

If you start a survivors benefit at age 60 , the benefit will be reduced from it’s full amount. To receive the full amount, you would have to wait until your Full Retirement Age (FRA) to start your benefit. You can learn more about what your Full Retirement Age is here.

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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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