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

Asked by: Jaylan Farrell  |  Last update: March 7, 2024
Score: 4.9/5 (25 votes)

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.

When can a wife collect half of her husband's Social Security?

If you are receiving retirement or disability benefits, your spouse may be eligible for spouse benefits if they are: At least age 62. Any age and caring for a child who is under age 16 or who has a disability that began before age 22.

How much Social Security does a divorced spouse get after?

A divorced spouse can receive up to 50% of an ex-spouse's Social Security benefits if the marriage lasted at least 10 years and the divorced spouse is divorced at least two years, unmarried and at least 62. The benefit doesn't increase existing payments or reduce the ex-spouse's benefits.

What percentage of a husband's Social Security does a wife get?

For a spouse who is not entitled to benefits on his or her own earnings record, this reduction factor is applied to the base spousal benefit, which is 50 percent of the worker's primary insurance amount.

Can I take my husband's Social Security instead of mine?

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 receive your spouse's benefits before you reach full retirement age, you will get a permanently reduced benefit.

Social Security Divorce Benefits MADE EASY

25 related questions found

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

This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. In fact, he probably won't even know if you are drawing off him unless he calls SSA to ask.

What are the rules for collecting your spouse's Social Security?

For spouses to receive the benefit, they must be at least age 62 or care for a child under age 16 (or one receiving Social Security disability benefits). In addition, spouses cannot claim the spousal benefit until the worker files for their benefit.

Why can't I get half of my husband's Social Security?

If you qualify for your own retirement benefit and a spouse's benefit, we always pay your own benefit first. You cannot receive spouse's benefits unless your spouse is receiving his or her retirement benefits (except for divorced spouses).

Can you collect Social Security from two husbands?

Yes, you can. Notify the Social Security Administration that you were married more than once and may qualify for benefits on more than one spouse's earnings record. They will be able to tell you which record provides the higher payment and set your benefit accordingly.

Can my wife take Social Security at 62 and then switch to spousal benefit?

Whether you can make this switch is determined by whether your spouse is already receiving benefits. If your spouse is not receiving any retirement benefits yet, then you could technically take your regular Social Security benefit as early as age 62.

Who is eligible for divorced spouse's Social Security?

Any person with a previous marriage that ended in divorce is eligible if the ex-spouse was fully insured for Social Security benefits and the marriage lasted at least 10 years. A person with a previous marriage that ended in widowhood is also eligible if the spouse was fully insured.

What is the 10 year rule for Social Security?

If you've worked and paid Social Security taxes for 10 years or more, you'll get a monthly benefit based on that work.

Can ex wife claim my pension years after divorce?

There is no hard and fast rule on this. Generally, a claim can be brought at any time until a consent order is put in place. However, waiting too long after your divorce could make obtaining a share of your former spouse's retirement benefits more difficult, or even impossible.

Does a second wife get Social Security?

If you re-married and your second spouse is deceased, you qualify to claim benefits from either your first spouse if that marriage lasted at least 10 years, or your second spouse if you were married at least 9 months before they died.

Will I lose my ex husband's Social Security if I remarry?

What Happens If I Remarry? Generally, you cannot collect benefits on your ex-spouse's work record unless your second marriage ends by annulment, divorce, or death. Your SSI benefits payments may change based on your new spouse's record.

How do I find out my ex husband's Social Security benefits?

Your first step in maximizing your Social Security benefits should be to visit the Social Security Administration (SSA) website. If you know your ex's Social Security number, you can check for his or her benefits as well. Or you can ask your ex about his or her benefits if the two of you are on good terms.

Can someone who has never worked collect Social Security?

But even if you never worked and therefore don't have an earnings record, you're not necessarily out of luck. If you're married (or were married) to someone who's entitled to Social Security, you can collect spousal benefits equal to 50% of your husband or wife's benefits at full retirement age.

How do I get half of my ex husband's Social Security?

Call your local office or Social Security's national customer service line (800-772-1213) to make an appointment. You'll need to show your marriage certificate and divorce decree to prove that the union lasted at least 10 years, the basic qualification for ex-spouses to receive benefits.

When can my wife get 50% of my Social Security?

Key Takeaways. 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.

What is the Social Security 5 year rule?

No waiting period is required if you were previously entitled to disability benefits or to a period of disability under § 404.320 any time within 5 years of the month you again became disabled.

Can my wife collect my Social Security while I'm alive?

Yes. If you qualify for your own retirement and spouse's benefits, we will always pay your own benefits first.

How much of my retirement is my ex wife entitled to?

A general rule of thumb when it comes to splitting pensions in divorce is that a spouse will receive half of what was earned during the marriage.

Can I still collect on my ex husband's pension if I remarry?

Only if you remarried after you turned 60 years of age. If you were younger than 60 when you remarried, then you are no longer eligible for benefits from his record. It doesn't matter if your ex-husband never remarried, got remarried, or divorced and remarried 12 times since then.

What is a divorced spouse annuity?

A spouse annuity under the Railroad Retirement Act (RRA) is a monthly amount paid to the wife or husband of a retired railroad employee. A divorced spouse annuity under the RRA is a monthly amount paid to a person who is legally divorced from the employee.

What is the $16728 Social Security bonus?

Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.