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how does divorce affect my social security benefits

by Jermey Wisoky Published 3 years ago Updated 2 years ago
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The question is sometimes raised because spousal benefits under Social Security are unclear, and divorce and remarriage can affect how much Social Security a person receives. In general, a person’s individual Social Security payment is not affected by divorce.

If your ex-spouse will also receive a pension based on work not covered by Social Security, such as government work, their Social Security benefit on your record may be affected. The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive.

Full Answer

What happens to Social Security benefits if you divorce?

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Can You Lose Your Social Security in a divorce?

Your marital status could affect Social Security benefits. Divorce can sometimes leave you with a reduced Social Security check. Eligibility for spousal benefits and survivor benefits can depend how long you were married. Divorce can have a big financial impact as you go from a dual-income to a single-income household and split up your possessions.

Does getting remarried affect Social Security benefits?

Remarriage at any time makes the widow potentially eligible for spouse benefits on her new husband's work record, so marriage is unlikely to leave a woman ineligible for Social Security. However, spouse benefits may be less generous than widow benefits for two reasons.

How does divorce affect Supplemental Security Income (SSI)?

  • you were married to your former spouse for at least ten years
  • you are at least 62 years old
  • you are unmarried, and
  • you are not entitled to a larger benefit under your own Social Security record.

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Is my Social Security reduced if I get divorced?

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.

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.

Do you get more Social Security if you are divorced?

Nothing keeps you from getting own Social Security benefit whether you're married or not and whether your husband collects Social Security or not. ∎ Your retirement benefit is figured the same way a man's retirement benefit is figured.

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

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.”

Can you collect 1/2 of spouse's Social Security and then your full amount?

Your full spouse's benefit could be up to one-half the amount your spouse is entitled to receive at their full retirement age. If you choose to begin receiving spouse's benefits before you reach full retirement age, your benefit amount will be permanently reduced.

How much will my Social Security be reduced if I have a pension?

We'll reduce your Social Security benefits by two-thirds of your government pension. In other words, if you get a monthly civil service pension of $600, two-thirds of that, or $400, must be deducted from your Social Security benefits.

What is ex wife entitled to 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.

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.

What are the benefits of divorced woman?

Below, the top six benefits of being a divorced woman:Strength. A divorced woman often grows stronger and more courageous than her married friends. ... Compassion. ... Creativity. ... Self-discipline. ... Self-direction. ... Initiative.

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 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 happens if you take your spouse's Social Security benefits before retirement?

But if you begin taking the benefits before your full retirement age, they'll be permanently reduced. That's basically the same as what would apply if you were still married and your husband retired: You could get a spouse's benefit of 50 percent.

How old do you have to be to get your ex spouse's benefits?

A: You can get benefits on an ex-spouse's record at any age if you're caring for that ex-spouse's child, who is also your natural or legally adopted child and who is younger than 16. Your benefits will continue until the child reaches 16 or is no longer disabled.

How long did your marriage last?

Your marriage lasted 10 years or longer. You are currently unmarried. You're 62 or older. Any retirement benefit that you're entitled to receive based on your own work record must be lower than the benefit you'd receive from your ex-spouse's record. Basically, you collect whichever benefit is higher.

How many pages are there in Social Security?

For more information, you'd do well to read a 23-page booklet that Social Security publishes, What Every Woman Should Know. In addition to divorce, it delves into such subjects as domestic violence and your status with Social Security if you become a widow.

Can a divorced person get Social Security?

A: Yes, it's true — you might. Social Security operates with a philosophy that a divorced person may deserve a personal benefit, having been the long-term partner and helpmate of a member of the workforce. The benefit is similar, in fact, to the spousal benefit that is available to a person who is still married.

Can I get my retirement if I remarry?

And there's a special twist concerning your marital status. If you remarry before age 60 (or 50 if you're disabled), you can't receive such a benefit. But if you remarry after 60 (50 if disabled), you can.

Can I collect my ex husband's benefits?

But, of course, they can't collect multiple benefits on the records of multiple ex-spouses. Just one. Q: In my ex-husband's case, there's actually another ex-spouse.

How does divorce affect your social security benefits?

Many individuals are unaware that some factors can affect how much you earn from social security benefits after divorce. That has brought the question, “How much social security does an ex-spouse get?”

Eligibility requirements for divorced spouses

Before knowing the answer to the question, “how much social security does an ex-spouse get?” it is vital to know the social security spousal eligibility. Collecting spouse social security does not come on a platter of gold.

Eligibility when your ex-spouse is deceased

Another pertinent question spouses ask is, “Can you collect your spouse’s social security after they die? Or “Can you collect social security from a deceased ex-spouse?” The answer is yes once you meet the social security spousal benefits eligibility.

What you should know about full retirement age

As soon as you clock at age 62, you can apply and start receiving your social security benefit after divorce. You will only be getting half of the full social security at this age. In other words, your benefits will be reduced by a certain percentage monthly till your full retirement age.

Should I file for divorce before my spouse starts receiving benefits?

The answer to this question depends on your current circumstances and why you are filing for divorce.

How earnings are calculated for social security

As you make plans for your divorce or retirement, you may ask how social security earnings are calculated – “how does spousal social security work?” First, the Social Security Administration (SSA) is responsible for all forms of social benefits.

How much of this benefit will I receive?

Similar to this question is “What percentage of social security benefits does a widow receive?” To make it easier for you, you should use the Social Security Quick Calculator.

How long does it take to get divorced from Social Security?

Most retirees are uninformed about how Social Security benefits are calculated, and often overlook how their change in marital status affects this critical retirement asset. 1. If you get a divorce and your marriage lasted nine years and 11 months, you’re out of luck. But if your marriage lasted 10 years or longer and you’ve been divorced ...

How does divorce affect Social Security?

5 Ways Divorce Can Impact Your Social Security Benefits. If you’re getting divorced or remarried, "for better or for worse" and "for richer or for poorer" can have real meaning for Social Security benefits. Most retirees are uninformed about how Social Security benefits are calculated, and often overlook how their change in marital status affects ...

Why is restricted filing called restricted filing?

Technically, this method is called a restricted filing application because Social Security assumes you are filing for the higher of the two benefits unless you specify that you are restricting your larger personal benefit.

Can a mafia boss get spousal benefits?

However, if your new spouse is a subsistence farmer, mafia boss, or engages in other activities that do not report income, you may not be eligible for any spousal benefits. The only exception to this loss of benefits occurs if your second spouse dies.

How long can a divorced spouse collect Social Security?

Divorced Spouse Social Security: New Rules. 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 age 62 and currently single.

How old do you have to be to get a divorced spouse's benefits?

Divorced spouses who are caring for their deceased spouse's natural or legally adopted child who is younger than age 16—or disabled and entitled to benefits—can apply at any age. However, the benefits will last only until the child reaches age 16 or is no longer disabled.

What sources does Investopedia use?

These include white papers, government data, original reporting, and interviews with industry experts. We also reference original research from other reputable publishers where appropriate.

Can a divorced spouse file for Social Security at the same time?

However, under the new rules, divorced spouses who were born on or after Jan. 2, 1954, are now deemed to be filing for all available benefits (spousal as well as their own) at the same time when they apply for Social Security.

When can I switch over my Social Security to my own?

Divorced spouses can file for survivor benefits as early as age 60 (age 50 if they are disabled) and switch over to their own benefit as early as age 62.

When can I file for survivor benefits?

They also have the option of filing for their own benefit first, as early as age 62, then filing for survivor benefits when they reach full or "normal" retirement age (66 to 67 for most people) if that will result in a higher benefit. 7 .

Can I apply for Social Security based on my ex spouse's earnings?

Which set of rules applies depends on the applicant's date of birth.

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.

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 drawing early?

However, if you start benefits early, your benefits are reduced a small percentage for each month before your full retirement age. You will draw benefits for a longer period, but the amount you receive each month would be reduced. If you were born in…. Your full retirement age is.

What happens if you delay your retirement?

If you delay your retirement benefits until after full retirement age, you also may be eligible for delayed retirement credits that would increase your monthly benefit. Here’s a comparison of how retirement works drawing your own benefits vs. drawing a spouse’s benefits if your full retirement is at age 67.

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 child benefits end?

Benefits for a child under age 18 or student ages 18 or 19 end if you get married again. If you get married again after age 60, this does not prevent you from becoming entitled to benefits on your prior deceased spouse’s Social Security earnings record.

Before ending your marriage, you need to read this

Former college teacher. Textbook contributor. Personal finance writer. Passionate advocate of smart money moves to achieve financial success.

How could divorce affect your Social Security benefits?

There's a very important reason why divorce could impact the amount of Social Security income you receive: It could affect your eligibility for spousal benefits. These benefits are based on your spouse's work history.

What to do if divorce will affect your benefits

Obviously, if you're unhappy, you don't want to stay married for a long time just to preserve eligibility for Social Security benefits. But if you are close to the 10-year mark, you may want to consider trying to put off your legal divorce long enough to preserve your benefit eligibility.

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