You can file for ex-spouse benefits many different ways:
- Through an application form
- Through your My Social Security account
- By calling Social Security at 800-772-1213
- By making an appointment at your local Social Security office
Full Answer
Is my spouse entitled to my pension in a divorce?
When facing a divorce, your spouse will generally be entitled to some of your pension. However, how much your spouse will receive varies, as the laws governing pensions in divorce settlements vary by state. Additionally, if you have a pension and are getting a divorce, follow the below tips to protect your financial interests:
When can a divorcee collect Social Security?
To collect social security from your former spouse, you’ll need to:
- Prove that you were married for at least 10 years before the divorce is finalized.
- Show that you’re not currently married and your ex is still alive.
- Be 62 years old or older.
- Check that your own social security benefits are less than your ex-spouse’s.
- Be entitled to social security benefits.
Can Your Ex take Your Social Security after divorce?
Social Security allows you to claim benefits on an ex-spouse's record if your marriage lasted 10 years and you've been divorced for two years. The maximum spousal benefit your ex can claim is 50% of your full retirement age benefit. If you're divorced, you may have heard that your ex-spouse can take your Social Security.
Can my spouse claim retirement benefits in a divorce?
Ask the Hammer: How Can I Calculate What My Wife's Spousal Social Security Benefit Will Be if I Claim at Full Retirement Age? Jeffrey Levine of Buckingham Wealth Group helps a Retirement Daily reader calculate what his wife's spousal Social Security ...
Can a divorced woman claim her ex husband's Social Security?
Benefits For Your Divorced Spouse 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.
How does a divorced woman collect her husband's Social Security?
Depending on their circumstances, divorced Social Security beneficiaries can receive either retired-worker benefits, which are based on the individual's own covered earnings history; auxiliary benefits, which are determined by a living or deceased former spouse's covered earnings history; or a combination of both.
How do I get my ex husband's Social Security benefits?
Form SSA-2 | Information You Need to Apply for Spouse's or Divorced Spouse's Benefits. You can apply: Online, if you are within 3 months of age 62 or older, or. By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.
How much Social Security do you get from a divorced spouse?
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.
Do I automatically get my 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 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.
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.
Is my ex wife entitled to my 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.
Can I collect half of my ex husband's Social Security at 62?
The maximum spousal benefit is 50% of the other spouse's full benefit. You may be eligible if you're married, formerly married, divorced, or widowed. You can collect spousal benefits as early as age 62, but in most cases, the benefits are reduced permanently if you start collecting early.
When can I claim half of my spouse's Social Security?
You can receive up to 50% of your spouse's Social Security benefit. You can apply for benefits if you have been married for at least one year. If you have been divorced for at least two years, you can apply if the marriage lasted 10 or more years. Starting benefits early may lead to a reduction in payments.
How Do Social Security spousal benefits work?
The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.
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 ...
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.
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.
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 ...
When did Social Security start for divorced spouses?
Divorced-Spouse Social Security Benefits: 8 Rules with Examples. Posted on November 23, 2020 | 0 Comments. When Social Security was first instituted in 1935, most women did not work. So in 1939, as part of a sweeping series of amendments, the system made spousal benefits available to any “wife” who either had not earned a benefit ...
What age do you have to be to file for divorce benefits?
Here are eight facts about divorced benefits with examples. 1. Ex-spouse must be at least 62. The worker on whose record the benefit is being claimed must be at least age 62. If the divorce occurred more than two years prior, the worker does not need to have filed for his or her own retirement benefit.
What happens if my spouse remarries?
If a person receiving divorced-spouse benefits remarries, the person must notify SSA and the divorced-spouse benefits will stop. The exception is if the new spouse is also receiving divorced-spouse or survivor benefits, in which case both benefits may continue.
What is the PIA for divorced spouse?
Example: Jim and Judy are divorced. Jim’s PIA is $2,600. Judy does not qualify for a benefit on her own record. Judy files for her divorced-spouse benefit at age 66.
What is the offset for divorce?
Government pension offset. If the person applying for the divorced-spouse benefit worked in a non-Social Security-covered job, the divorced-spouse benefit will be reduced by two-thirds of the amount of her pension under the Government Pension Offset. This will likely reduce it to zero.
How long do you have to be married to file for divorce?
If a client says they were married “about 10 years” check the decree; often the final date of divorce is later than the client realizes.
Can an ex-spouse receive a survivor benefit?
If an ex-spouse is deceased, a divorced person can receive a divorced-spouse survivor benefit based on the ex-spouse’s record, providing the applicant is currently unmarried or remarried after age 60. Example: Elaine is divorced after 11 years of marriage. She was born before Jan. 2, 1954.
Program Description
Are you divorced? Is your ex-spouse entitled to Social Security retirement or disability benefits? If so, you may be able to get benefits on their record.
General Program Requirements
As a divorced spouse, you may get benefits if you meet the conditions below:
Application Process
Visit the Benefits For Your Spouse and Benefits For Your Divorced Spouse pages for details on how to apply.
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.
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 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.
How old do you have to be to get ex spouse's Social Security?
You must be at least 62 years old.
Can a widow get a divorce if she dies?
If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more. Your benefits as a surviving divorced spouse won’t affect the benefit amount for other survivors getting benefits on the worker’s record.
What does the SSA look for in spousal benefits?
The SSA looks at the amount of retirement benefits you're eligible for, then the amount of spousal benefits you're eligible for. If the spousal benefits are greater than your retirement benefits, you would be paid your retirement benefits first, then spousal benefits would be used to make up the difference. You always get the larger of the two ...
How much is my spouse's spousal benefit?
Decide when you want to start receiving benefits. Your full spousal benefit is 50% of your spouse's primary insurance amount. However, if you decide to start receiving those benefits before you reach your normal retirement age, your benefit amount will be permanently reduced.
What is the lowest percentage of your spouse's insurance?
The lowest percentage you could possibly get is 32.5% of your spouse's primary insurance amount. In some situations, it might make sense for you to claim your spousal benefits early. However, if you can afford to do so, you'll get more money if you wait until you reach your normal retirement age.
What is the phone number to call for Social Security?
If you can't apply online or don't want to use the online form, you can also call 1-800-772-1213 (TTY 1-800-325-0778).
How to check status of Social Security application?
1. Set up an online account if you haven't already. From your "My Social Security" account at https://www.ssa.gov/myaccount/ , you can check the status of your application and manage your benefits. If you didn't apply for your benefits online, you can still set up a free account to manage your benefits.
Is my spouse's retirement benefit based on my primary insurance?
The amount of your spousal benefit isn't affected by the age at which your spouse started receiving their retirement benefits. It is always based on your spouse's primary insurance amount, which is the amount they would receive if they started claiming benefits at their normal retirement age (NRA).
Can my ex-spouse get Social Security?
Your ex-spouse is entitled to Social Security benefits (either retirement or disability) Your retirement benefits are less than your spousal benefits based on their work would be. You've been divorced for at least 2 years (if your ex-spouse has not yet claimed their benefits)
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.
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.
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.
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 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 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.
