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.
What happens to Social Security benefits if you divorce?
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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 does a divorced spouse get?
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.
How do I claim my divorced spouse's Social Security?
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.
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.
When can an ex-spouse collect 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.
Will my Social Security be reduced if my ex wife collect?
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.
Can my ex wife claim money after divorce?
Money you earn after your divorce is generally yours, but your ex-wife can still get her hands on it in some cases. You might realize that every dollar you earn during marriage is only half yours, but you may not be as sure about the money you earn after you and your wife split.
Does a wife get 50 of husband'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.
Can I collect my spouse's Social Security instead of my own?
How Do Social Security Spousal Benefits Work? 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 I collect half of my husband's Social Security at 62?
A spouse can choose to retire as early as age 62, but doing so may result in a benefit as little as 32.5 percent of the worker's primary insurance amount. A spousal benefit is reduced 25/36 of one percent for each month before normal retirement age, up to 36 months.
Can I collect my own Social Security and my ex husband's?
If you are already receiving retirement benefits on your own work record, you can also claim any ex-spousal benefits you are eligible for, but Social Security will not pay you both combined. You'll receive whichever amount is higher and no more.
Can I collect half of my husband's Social Security at 62?
A spouse can choose to retire as early as age 62, but doing so may result in a benefit as little as 32.5 percent of the worker's primary insurance amount. A spousal benefit is reduced 25/36 of one percent for each month before normal retirement age, up to 36 months.
How are Social Security spousal benefits calculated?
A Social Security spousal benefit is calculated as 50% of the other spouse's PIA....For example:If you are receiving a retirement benefit of your own, your spousal benefit will be reduced.If you file for spousal benefits prior to your full retirement age, your spousal benefit will be reduced.More items...•
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 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 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 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 ...
Documents you may need to provide
We may ask you to provide documents to show that you are eligible, such as:
What we will ask you
You should also have your checkbook or other papers that show your account number at a bank, credit union or other financial institution so you can sign up for Direct Deposit, and avoid worries about lost or stolen checks and mail delays.
How long do you have to be married to claim ex spouse?
The basic rules. You and your ex must have been married for 10 consecutive years or longer, even if the marriage ended 30 years ago. Both you and your ex must be at least age 62 before you can claim as an ex-spouse. To collect on an ex's record you must not be remarried.
How does Social Security affect retirement?
Your Social Security decision affects your retirement income plan. It's important to develop a strategy for when you will claim your Social Security benefit and on whose wage record. Your decision can make a significant difference in your overall retirement income plan.
Can a second wife file for spousal benefits?
Because the second marriage lasted only 9 years, she unfortunately could not file for spousal benefits.
Does your ex's Social Security claim affect your benefits?
Your ex's claim does not reduce or affect your benefit in any way. Under the Social Security program, all amounts paid to beneficiaries are calculated benefits based on a specific starting point. Multiple people's benefits can use the same starting point.
Can an ex-spouse influence Social Security?
Fidelity surveyed* more than 1,000 people, asking whether they believed that an ex-spouse could influence their Social Security benefits. Fifty-two percent said yes, they could. The actual answer is no.
Can my ex get my spousal benefits based on my PIA?
Therefore, although your ex's benefit may be based on your Primary Insurance Amount (PIA), your benefit is also based on that same PIA, and if you've remarried, your current spouse may also get a spousal benefit based on your PIA. Although all share the same starting point, these are three separate calculated benefits.
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.
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.
How much of Social Security benefits are available if you have been married multiple times?
You’ll only be eligible 50% of their full benefit as well. And if you’ve been married and divorced multiple times? Social Security will use whichever ex-spouse’s record gives you the biggest benefit. Remember, though: Only marriages that lasted 10 years or more will count.
What is the maximum amount of retirement benefits?
The maximum benefit you can get based on the record of a spouse — whether you’re currently married or divorced — is 50% of their full retirement age benefit. Full retirement age is the age at which you qualify for 100% of your benefit. It’s 66 or 67, depending on when you were born.
How old do you have to be to get a survivor's check?
If your ex-spouse is deceased, you can qualify for survivors benefits at age 60, or age 50 if you’re disabled.
Do spouses contribute to Social Security?
The philosophy is that both spouses often contribute economically during the marriage , even if only one person was employed. The Social Security rules protect those who spent most of their working years raising a family or playing a supportive role to their spouse and may have no retirement savings of their own.
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.
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 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.)