
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.

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 an ex wife collect on 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 a divorced woman collect her ex husband's Social Security if she remarries?
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.
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%.
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.
What is the highest Social Security payment?
The maximum benefit depends on the age you retire. For example, if you retire at full retirement age in 2022, your maximum benefit would be $3,345. However, if you retire at age 62 in 2022, your maximum benefit would be $2,364. If you retire at age 70 in 2022, your maximum benefit would be $4,194.
Can ex wife claim my pension years after divorce?
Though a pension can be divvied up between spouses during divorce, that division isn't automatic. Your soon-to-be ex would have to make a specific request for a share of whatever you've accumulated before the divorce is finalized.
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.
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 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.
Does it matter if your ex-spouse remarries?
Also, it doesn't matter if your ex-spouse has remarried. In any event, before anything can happen, there's a "test" for your ex-spouse, too. He must be entitled to Social Security retirement or disability benefits. If he qualifies for those benefits even if he has not begun taking them, Social Security will allow you as ...
What are the factors that affect Social Security?
There are several factors that can affect how much you receive in Social Security benefits, such as the age at which you claim, whether you continue working after you claim benefits, and how much you earned during the years you paid into Social Security. One factor that's easy to overlook, however, is divorce.
How many people over 50 don't know what they can receive in Social Security?
A whopping 91% of Americans over the age of 50 don't understand what factors determine the amount they can potentially receive in Social Security benefits, a survey from the Nationwide Retirement Institute found.
Do you get reduced Social Security if you claim earlier than FRA?
Also, all the normal Social Security restrictions still apply here. So if, for example, you claim earlier than your FRA, your benefits will be reduced. And if you continue working after claiming benefits, you may see a (temporary) reduction in benefits as well, depending on how much you're earning.
Does ex wife's record affect my benefits?
One last thing to keep in mind is that regardless of how much someone is receiving in benefits based on their ex-spouses record, it doesn't affect how much the other person or their current spouse receives in benefits. So if, say, your ex-wife is receiving benefits based on your record, your and your current wife's benefits will not be reduced as ...
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 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.
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 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.
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.
How old do you have to be to get ex spouse's Social Security?
You must be at least 62 years old.
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 ...
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 ...
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.
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.
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.
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.
