Can I collect half of my ex husband's Social Security at 62?

Asked by: Hudson Wilkinson  |  Last update: February 28, 2024
Score: 4.1/5 (71 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 my spouse collect half of my Social Security?

To qualify for spouse's benefits, you must be one of the following: 62 years of age or older. Any age and have in your care a child younger than age 16, or who has a disability and is entitled to receive benefits on your spouse's record.

What is the loophole for Social Security spousal benefits?

There used to be a “file and suspend” loophole meant to help married couples maximize their Social Security benefits. However, after Congress passed the Bipartisan Budget Act in 2015, this loophole no longer applies.

Can I claim Social Security at 62 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.

Can a divorced woman claim her ex husband'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.

Social Security for Spouses: One Claims at 62, The Other Delays to 70?

28 related questions found

What percent of Social Security does a divorced spouse get?

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.

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.

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.

How do I get half of my 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.

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 I collect spousal benefits and wait until I am 67 to collect my own Social Security?

You are eligible for benefits both as a retired worker and as a spouse (or divorced spouse) in the first month you want your benefits to begin and. You are not yet full retirement age, you must apply for both benefits (known as deemed filing). You will receive the higher of the two benefits.

What are the rules for spousal benefits?

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.

At what age is Social Security no longer taxed?

While you may have heard at some point that Social Security is no longer taxable after 70 or some other age, this isn't the case. In reality, Social Security is taxed at any age if your income exceeds a certain level.

Can I receive half of my ex husband's Social Security?

By the way, if you wait until full retirement age to claim benefits as a divorced former spouse, your benefit will be limited to half the amount of your ex-spouse's Social Security retirement or disability benefits. The same holds true if your ex-spouse has died.

How much Social Security can I collect from my ex husband?

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.

Do I get 100 of my ex husband's Social Security if he dies?

As with widows and widowers, waiting until you reach the full retirement age (FRA) for survivors — 66 and 2 months for people born in 1957 and gradually rising to 67 for someone born in 1962 or later — entitles you to receive 100 percent of the amount your late ex was getting from Social Security when he or she died.

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.

Which wife gets the Social Security?

If you are married and you and your spouse have worked and earned enough credits individually, you will each get your own Social Security benefit.

Why retiring at 62 is a good idea?

Filing for Social Security at age 62 could also end up making sense financially if you're worried you won't end up living a very long life. While you'll shrink your benefits on a monthly basis, by getting to collect that money sooner, you might end up with a higher amount of lifetime benefits.

Can my wife get 50% of my Social Security benefits?

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 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.

Do I get my husband's Social Security when he died?

Social Security survivors benefits are paid to widows, widowers, and dependents of eligible workers. This benefit is particularly important for young families with children.

How does Social Security work for divorced spouses?

If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record. To be eligible, you must have been married to your ex-spouse for 10 years or more.