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how to collect social security benefits from ex husband

by Vella Parker Published 2 years ago Updated 1 year ago
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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. If the requirements are met, the divorced spouse can receive an amount equal to as much as 50% of their ex's 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.

Full Answer

Can you get Social Security for your ex husband?

To claim on behalf of an ex-spouse, he or she needs to be eligible for Social Security. That means they must be at least 62 and have at least 40 work credits, which translates to 10 years of full-time work. You also need to be at least 62, regardless of whose record you're using.

Can a divorced person collect Social Security from an ex?

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 62 years of age and currently single.

Can I collect Social Security from my Ex husban?

If you have not worked or do not have enough Social Security credits to qualify for your own Social Security benefits, you may be able to receive spouse’s benefits. At least 62 years of age. Any age and caring for a child entitled to receive benefits on your spouse’s record and who is younger than age 16 or disabled.

Can I receive my ex husbands social security?

You can receive benefits on an ex-spouse’s record if you have been divorced for at least two continuous years and the ex-spouse has not applied for retirement benefits but can qualify for them. If you are eligible for retirement benefits on your own record, the Social Security Administration (SSA) will pay that amount first.

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Can a divorced woman collect Social Security from ex husband?

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 I collect my own Social Security and my ex husband's?

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. Also, if you're entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse's work.

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 much of my ex spouses Social Security Am I entitled to?

50%You can receive up to 50% of the amount your former spouse would receive in benefits at their full retirement age (this equation applies to all spouses, not just exes). This amount is not in addition to your own benefit — and again, your benefit has to be lower than half of your ex's benefit in order for you to apply.

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

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.

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

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.”

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 ex spousal benefits and wait until I am 70 to collect my own Social Security?

You can only collect spousal benefits and wait until 70 to claim your retirement benefit if both of the following are true: You were born before Jan. 2, 1954. Your spouse is collecting his or her own Social Security retirement benefit.

Which wife gets the Social Security?

Generally, the same payment rules apply to divorced wives and widows as to current wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but they can apply for higher widow's rates when the ex dies.

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 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 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.

How much do you get if you are 60?

If you are age 60 or older but not yet of full retirement age, you would receive 71.5% to 99%. If are 50 to 59 years old and disabled, you would receive 71.5%. If you are caring for your ex-spouse's child who is disabled or under the age of 16, you would receive 75%, no matter your age. 6 7.

How old do you have to be to get a disability?

If you are disabled, and your ex-spouse has died, you can begin receiving survivors benefits if you're between the ages of 50 and 59. Your disability also must have started before or within seven years of your ex's death. The rules vary slightly when it comes to children. If you are caring for a child who is under age 16 or disabled, ...

Can you receive your own retirement at age 70?

That way, you receive only the ex-spousal benefit. You can let your own benefit amount continue racking up delayed retirement credits until you reach age 70. When you reach age 70, you can switch to your own benefit amount if that's larger than the ex-spousal amount.

How old do you have to be to get Social Security?

You are at least 62 years old. You are single. You were married to your ex-spouse for at least 10 years. The benefit you are entitled to receive based on your own work history is less than the benefit you would receive based on your former spouse's work history. Your ex-spouse qualifies for Social Security benefits.

What happens if you start taking unemployment at 62?

A few more details: If you start taking benefits at 62 and continue to work, you’ll be subject to the retirement earnings test. Your benefits could be reduced depending on the amount of income you earn.

Does the SSA accept birth certificates?

The SSA will accept copies of tax and medical records, but needs the originals of most other documents, such as birth certificates. Don’t worry if you don’t know where your papers are located. “Do not delay applying for benefits because you do not have all the documents,” it says in bold letters on the SSA website.

Can you get child care benefits if your spouse dies?

This benefit is not available to divorced spouses unless their ex has died.

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 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.

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 ...

How Does Divorce Affect the Collection of Social Security?

Social Security benefits are the most important source of retirement income in the United States. Here’s information on whether or not a woman can collect her ex-husband’s social security.

How Much Social Security Benefits Can I Collect as an Ex-Spouse?

A spouse is eligible to collect up to 50% of their ex-spouse’s primary insurance amount.

How to Apply for Social Security Benefits as an Ex-Spouse

A spouse can apply for Social Security benefits online through an application form or from their My Social Security account, by phone at 800-772-1212, or by making an appointment at their local Social Security office.

FAQs About How Divorce Affects Social Security Collection

No. Any benefits paid to you (an ex-spouse) do not affect the current benefits he and his current spouse (if applicable) receive.

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 much of my ex's Social Security benefits are used?

If your own benefit is less than 50% of your ex's, Social Security uses your benefit and then taps your former spouse's record to make up the difference. You can contact your local Social Security office to find out how much you could get based on their record.

What happens if you claim Social Security at 62?

Keep in mind that if you claim Social Security at 62, you'll reduce your monthly benefit no matter whose earnings it's based on. To get the maximum payment -- 50% of theirs or 100% of your own -- you'll have to wait until you've reached your FRA. Claim before that and you'll get less than half their benefit.

How old do you have to be to claim Social Security?

Both of you must be at least 62. To claim on behalf of an ex-spouse, he or she needs to be eligible for Social Security. That means they must be at least 62 and have at least 40 work credits, which translates to 10 years of full-time work. You also need to be at least 62, regardless of whose record you're using.

Can you double dip Social Security?

Social Security doesn't allow for double dipping. Essentially, you'll get whichever is higher -- 100% of your own retirement benefit or 50% of their benefit, but not both. If the amount you qualify for based on your own work record is more than what you'd get from 50% of your former spouse's full retirement, Social Security gives you your benefit, ...

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Who Is Eligible?

Social Security Benefits

  • The maximum amount of Social Security benefits you can receive based on an ex-spouse's record is 50% of what your ex-spouse would get at their full retirement age. This varies based on their year of birth. The spousal benefit amount is further decreased if you file before you reach your own full retirement age.3 If you have an idea of what your ex-...
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Survivors Benefits Explained

  • If your ex-spouse has died, you may collect survivor's benefits. These follow different rules than those for a living ex-spouse. You can apply for benefits as early as age 60. If you remarry after you reach age 60, or age 50 if you are disabled, you will still be able to claim these benefits. If you are disabled, and your ex-spouse has died, you can begin receiving survivors benefits if you're betwe…
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What About Unmarried Children?

  • An unmarried child of the deceased may be able to receive benefits if one of the following applies: 1. They are younger than 18 years of age; or, they are up to age 19, if they are a full-time student in an elementary or secondary school. 2. They are age 18 or older with a disability that began before the age of 22.8
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