Can I collect Social Security as a divorced spouse if my ex-spouse remarries?

Asked by: Mr. Sanford Wolff V  |  Last update: February 21, 2024
Score: 4.6/5 (27 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.

Can I still get my ex husband's Social Security if I get remarried?

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.

At what age can a wife take half of her husband's Social Security?

Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care. By a qualifying child, we mean a child who is under age 16 or who receives Social Security disability benefits.

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.

What is the dual entitlement rule for Social Security?

A person may be entitled to more than one benefit at the same time. For example, a person may be entitled as a retired worker on their own record and as a spouse on another record. However, a person's benefit amount can never exceed the highest single benefit to which that person is entitled.

Social Security Ex-Spousal Benefit After Remarriage: Can I get benefits from an ex if I remarry?

41 related questions found

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 both spouses collect Social Security if they both worked?

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.

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.

Who is not eligible for spousal Social Security benefits?

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.

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 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.

How does Social Security work with divorced couples?

Depending on their circumstances, divorced Social Security beneficiaries can receive either retired-worker benefits, which are based on the individual's own covered earnings history; auxiliary benefits, which are determined by a living or deceased former spouse's covered earnings history; or a combination of both.

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.

How do I get my ex husband'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 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 a wife draw husband's Social Security while he is alive?

Yes. If you qualify for your own retirement and spouse's benefits, we will always pay your own benefits first. If your benefit amount as a spouse is higher than your own retirement benefit, you will get a combination of the two benefits that equals the higher amount.

Can a spouse who never worked get Social Security?

To receive Social Security retirement benefits, a nonworking spouse must meet the following criteria: Be at least age 62. If the nonworking spouse cares for a qualifying child, they may be eligible to receive benefits before age 62.

When can my wife get 50% of my 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.

Does my spouse automatically get half my 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%.

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 a second wife collect 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.

What is the 5 10 rule Social Security?

However, you must have worked and paid Social Security taxes in five of the last 10 years. That is why it is important to get a hold of your affairs at a young age to make sure there are no nasty surprises later in life.

At what age do you get 100% of your Social Security?

The full retirement age is 66 if you were born from 1943 to 1954. The full retirement age increases gradually if you were born from 1955 to 1960 until it reaches 67. For anyone born 1960 or later, full retirement benefits are payable at age 67.

What happens if my wife takes Social Security at 62?

If she claims early, at age 62, her benefits would be reduced by 25% to $750 a month. If she claims her benefits at her full retirement age (FRA) of 66, she'll be due $1,000 a month. If she waits until age 70 to claim, that number would rise 32% to $1,320 a month (in real, inflation-adjusted terms).

How much of my retirement will my ex wife get?

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.