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is my ex spouse entitled to my social security benefits

by Guy McLaughlin I 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 ex wife collect her ex husbands social security?

In general, a divorced spouse is entitled to a Social Security benefit that’s equivalent to 50% of the ex-spouse’s retirement benefit even if the ex-spouse has remarried. 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 my ex-spouse collect on my social security?

Ex-spouses are free to start their checks whenever they are ready. If you were still married, your spouse would not be able to claim spousal benefits until after you had already filed for your own Social Security retirement income. But if you divorced at least two years ago, then this rule no longer applies.

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.

Will I get my ex-husband's social security when he dies?

A: Yes, your spousal Social Security benefits you currently receive will convert to survivor benefits at the time of your ex-husband's death, according to David Cechanowicz, director of education at Social Security Timing.

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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.

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 my ex wife collect on my Social Security if I remarry?

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 my ex wife take my Social Security benefits?

Your ex-spouse can use your record to get Social Security, but your benefits won't be affected. 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.

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 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 a divorced woman get part of 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 does Social Security work when divorced?

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 ex husband's Social Security at age 60?

The earliest a widow or widower can start receiving Social Security survivors benefits based on age will remain at age 60. Widows or widowers benefits based on age can start any time between age 60 and full retirement age as a survivor.

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, ...

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.

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.

Does a former spouse's Social Security benefit affect your retirement?

Keep in mind. A former spouse collecting benefits on your record has no impact on the amount of your own retirement benefit. That’s based entirely on what you’ve earned and when you filed for Social Security. Ex-spousal benefits also do not affect any benefits your current spouse and children are collecting on your record, ...

Can Social Security be disclosed?

Social Security can also disclose: The date the person became entitled to benefits on your record. The benefit amount he or she is entitled to collect. Whether the benefits have ended. Social Security can only discuss a benefit claim that is active or has been terminated.

Does ex spouse count against family benefit?

Ex-spousal benefits also do not affect any benefits your current spouse and children are collecting on your record, and they don’t count against your maximum family benefit. Reviewed February 4, 2020.

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.

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 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.

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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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