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is ex spouse entitled to social security benefits

by Modesta Dickens Published 2 years ago Updated 1 year ago
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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.

Can a divorced woman get ex husband's Social Security?

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.

Do I automatically get my ex husband's Social Security?

Am I Entitled To My Ex-Spouse's Social Security? Yes. 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.

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.

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.

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.

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.

How much of my ex husband's Social Security will I get when he dies?

If you are at or above full retirement age, you will receive 100% of your deceased ex-spouse's SSDI or retirement benefit. If you are between the ages of 60 and full retirement age, you will receive in the range of 71.5% to 99% of your deceased ex-spouse's SSDI or retirement benefit.

Will I lose my ex husband's retirement if I remarry?

You cannot claim divorced-spouse benefits tied to a living former mate if you are married. If you began drawing such ex-spousal benefits when you were single but then remarry, those payments will be terminated (except as noted below). You are required to report changes in marital status to Social Security.

How long do you have to be married to get Social Security?

There are other rules, of course. You must have been married to your ex-spouse for 10 years or more .

How long do you have to be married to collect unemployment benefits?

You must have been married to your ex-spouse for 10 years or more. If you’ve remarried, you can’t collect benefits on your former spouse’s record unless your later marriage ended by annulment, divorce, or death.

Can thinking about an ex-spouse be emotional?

No doubt about it — thinking of an ex-spouse can be emotional. And, if your finances have changed for the worse since the breakup, even more emotions can surface.

Who Is Eligible?

You must still be single to claim benefits based on your ex-spouse's earnings record. Your ex-spouse's current marital status has no impact.

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

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.

What About Unmarried Children?

An unmarried child of the deceased may be able to receive benefits if one of the following applies:

Frequently Asked Questions (FAQs)

Even if you are divorced, you are eligible for up to 50% of your ex-spouse's benefits as long as you meet the qualifications described above. If you qualify for your ex's benefits and your own, you can claim the higher amount. 9

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 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 age can an ex spouse receive Social Security?

Your ex-spouse is age 62 or older. The benefit that your ex-spouse is entitled to receive based on their own work is less than the benefit they would receive based on your work. You are entitled to Social Security retirement or disability benefits.

How much can a divorced spouse receive?

Generally, the total amount you and your family can receive is about 150 to 180 percent of your full retirement benefit. If you have a divorced spouse who qualifies for benefits, it will not affect the amount of benefits you or your family may receive.

Does divorce affect Social Security?

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.

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 ...

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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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