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does first wife get social security benefits

by Prof. Anderson Kunze I Published 2 years ago Updated 1 year ago
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A: No. With Social Security, it doesn't matter who gets there first. There isn't just one benefit available. If you meet the qualifications, you get a benefit, regardless of what another ex-spouse has or hasn't done.

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 I collect Social Security from my first husband?

“Yes, you can file for your own retirement at 62,” Shedden explains, “but when you begin to collect spousal benefits at your full retirement age (FRA), your total monthly benefit will be less than the 50% of your husband's primary insurance amount, PIA.”

Does the surviving spouse get Social Security?

Widows and widowers typically get Social Security survivor benefits when their spouse ... or how much your spouse was earning at the time of their death. How do I prove that I qualify for survivor benefits? The Social Security Administration previously ...

How much can a married couple get from Social Security?

You may need to produce these documents when you apply

  • Your Social Security card.
  • An original birth certificate or other proof of your birth.
  • A copy of your W-2 form or self-employment tax return for the previous year.
  • Your marriage certificate.
  • If you weren't born in the United States, proof of U.S. citizenship or lawful alien status.

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.

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Which wife gets the Social Security?

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%.

Does the first spouse get Social Security?

If you're getting Social Security retirement benefits, some members of your family may also qualify to receive benefits on your record. If they qualify, your ex-spouse, spouse, or child may receive a monthly payment of up to one-half of your retirement benefit amount.

Who gets Social Security wife or ex wife?

Key Takeaways. 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.

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.

Does second wife get Social Security from husband?

If you remarry after age 60, you can still receive survivors benefits based on your former spouse's record. However, if your new spouse is also collecting Social Security benefits and you would receive a higher amount based on the new spouse's work record, you will receive the higher amount.

Can an ex wife and current wife collect deceased husband's Social Security?

Anyone who was married to a Social Security beneficiary can potentially receive survivor benefits on the death of that person. That includes divorced former spouses as well as the deceased's husband or wife at the time of death.

How does a second marriage affect Social Security benefits?

If you remarry between the ages of 50 and 59 — you can't get benefits. Note: If you remarry before you turn 60 and that marriage ends, you may become entitled or re-entitled to benefits on your prior deceased spouse's earnings record.

How much of my ex husband's Social Security can I 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.

How long do you have to be married to someone to get their Social Security?

one continuous yearHow long does someone have to be married to collect Social Security spouse benefits? To receive a spouse benefit, you generally must have been married for at least one continuous year to the retired or disabled worker on whose earnings record you are claiming benefits. There are narrow exceptions to the one-year rule.

Is an ex wife considered a surviving spouse?

Who Qualifies for Surviving Divorced Spouse Benefits? If your former spouse has died, you may be entitled to Social Security survivor benefits as a former spouse if you meet the following requirements: Your marriage lasted at least ten years. You're at least 60 years old, or 50 if disabled.

Can my ex wife claim my pension if I remarry?

If one of you remarriages, however, they are barred from making certain financial claims against the ex-spouse. This is known as the 'remarriage trap' and does have its limitations: it can bar the remarried party from claiming property, income, or savings but doesn't extend to pensions.

What age can a spouse file for Social Security?

When a worker files for retirement benefits, the worker's spouse may be eligible for a benefit based on the worker's earnings. Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care. By a qualifying child, we mean a child who is under age 16 or who receives Social Security disability benefits.

How much is spousal benefit reduced?

A spousal benefit is reduced 25/36 of one percent for each month before normal retirement age, up to 36 months. If the number of months exceeds 36, then the benefit is further reduced 5/12 of one percent per month.

What is the reduction factor for spousal benefits?

For a spouse who is not entitled to benefits on his or her own earnings record, this reduction factor is applied to the base spousal benefit, which is 50 percent of the worker's primary insurance amount. For example, if the worker's primary insurance amount is $1,600 and the worker's spouse chooses to begin receiving benefits 36 months ...

Can a spouse reduce their spousal benefit?

However, if a spouse is caring for a qualifying child, the spousal benefit is not reduced. If a spouse is eligible for a retirement benefit based on his or her own earnings, and if that benefit is higher than the spousal benefit, then we pay the retirement benefit. Otherwise we pay the spousal benefit. Compute the effect of early retirement ...

How much of my spouse's retirement is my full benefit?

Your full spouse’s benefit could be up to 50 percent of your spouse’s full retirement age amount if you are full retirement age when you take it. If you qualify for your own retirement benefit and a spouse’s benefit, we always pay your own benefit first. You cannot receive spouse’s benefits unless your spouse is receiving his or her retirement ...

What happens if you take your reduced retirement first?

If you took your reduced retirement first while waiting for your spouse to reach retirement age, when you add spouse’s benefits later, your own retirement portion remains reduced which causes the total retirement and spouses benefit together to total less than 50 percent of the worker’s amount. You can find out more on our website.

What is the maximum survivor benefit?

The retirement insurance benefit limit is the maximum survivor benefit you may receive. Generally, the limit is the higher of: The reduced monthly retirement benefit to which the deceased spouse would have been entitled if they had lived, or.

Can my spouse's survivor benefit be reduced?

On the other hand, if your spouse’s retirement benefit is higher than your retirement benefit, and he or she chooses to take reduced benefits and dies first, your survivor benefit will be reduced, but may be higher than what your spouse received.

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.

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.

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 ...

Does remarrying affect your divorce benefits?

Effect of Remarriage on Divorced Spouse Benefits. With regard to divorced spouse benefits, such benefits will end if you marry someone else (i.e., somebody other than the former spouse on whose work record you are currently collecting benefits).

Can I get widower benefits if I am unmarried?

One of the requirements to receive widow (er) benefits is that you must be unmarried. There are, however, three cases in which you can be married (i.e., to a new spouse) and still receive a widow (er) benefit on your deceased spouse’s work record: You remarried after you became 60 years old.

Can I get Social Security if my spouse is divorced?

There is one exception, however: If your new spouse is currently receiving Social Security benefits as a wife, husband, widow, widower, father, mother, parent, or disabled child (i.e., a benefit other than a retirement benefit), you can continue receiving divorced spouse benefits based on your ex-spouse’s work record.

Can you get spousal benefits on your ex spouse's work record?

That is, neither one has a retirement benefit, and therefore neither one can receive any spousal benefits on the other one’s work record. Because of the exception described above, however, both Anna and Burt can continue receiving spousal benefits on their ex-spouses’ work records.

How long do you have to be married to receive Social Security?

For a divorced spouse, the marriage must have lasted at least 10 years. Eligible spouses and ex-spouses can receive up to 100 percent of the late beneficiary's monthly Social Security payment, ...

What is the minimum age to file for survivor benefits?

You can file for survivor benefits earlier — the minimum age is 60 in most cases — but your monthly benefit will be reduced by as much as 28.5 percent.

Can a widower and a divorced ex-spouse draw survivor benefits?

A widow or widower and a divorced ex-spouse (or multiple ex-spouses) can draw survivor benefits on the same person's earnings record without affecting what the other receives. Updated May 21, 2021.

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