Can I draw off my ex husband's Social Security?

Asked by: Bert Paucek  |  Last update: May 31, 2023
Score: 4.8/5 (17 votes)

If you have not applied for retirement benefits, but can qualify for them, your ex-spouse can receive benefits on your record if you have been divorced for at least two continuous years. If your ex-spouse is eligible for retirement benefits on their own record, we will pay that amount first.

Can a divorced woman collect 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.

When can I draw off 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.

How do I claim 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 percent of Social Security does a divorced spouse get?

The 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.

Social Security Rules for Divorced Spouses | 10 Year Rule for Social Security

36 related questions found

Can you collect 1/2 of ex-spouse's Social Security and then your full amount?

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 you collect 1/2 of spouse's Social Security and then your full amount?

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 begin receiving spouse's benefits before you reach full retirement age, your benefit amount will be permanently reduced.

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

A spouse can choose to retire as early as age 62, but doing so may result in a benefit as little as 32.5 percent of the worker's primary insurance amount. A spousal benefit is reduced 25/36 of one percent for each month before normal retirement age, up to 36 months.

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

There's nothing anyone can do to prevent their ex from claiming their Social Security. Even though some divorce decrees specify that one spouse will relinquish their rights to collect the other spouse's benefits, the Social Security Administration says these provisions “are worthless and are never enforced.”

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 ex wife claim my pension years after divorce?

Though a pension can be divvied up between spouses during divorce, that division isn't automatic. Your soon-to-be ex would have to make a specific request for a share of whatever you've accumulated before the divorce is finalized.

Can my ex wife get 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.

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.

What is the Social Security loophole?

What's the loophole? It's the rule that allows 66-year-old retirees to collect spousal benefits on a husband's or wife's Social Security record while letting their own benefit continue to grow until age 70, at which point they get a 32 percent bonus added to their monthly retirement checks.

Can I draw my husband's Social Security when I turn 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.

Can I switch from spousal benefits to my own Social Security?

You will have to file an application to switch from survivor benefits on a late spouse's work record to retirement benefits on your own record. You should apply four months before you want your retirement benefit to start.

Can I collect my own Social Security and then switch to spousal benefit?

In this case, you can claim your own Social Security beginning at 62 and make the switch to spousal benefits when your husband or wife files. Social Security will not pay the sum of your retirement and spousal benefits; you'll get a payment equal to the higher of the two benefits.

What is the maximum spousal benefit for Social Security?

The most your spouse can receive on your work record is 50 percent of your primary insurance amount, which is the monthly benefit you are entitled to at full retirement age. That's 66 and 4 months for people born in 1956, gradually rising to 67 for those born in 1960 or later.

Can I collect my husband's Social Security if he is still alive?

A surviving spouse can collect 100 percent of the late spouse's benefit if the survivor has reached full retirement age, but the amount will be lower if the deceased spouse claimed benefits before he or she reached full retirement age.

What is second wife of husband called?

It's called a concubine.

Can you collect Social Security from two husbands?

One at a Time

If your second spouse dies, you cannot receive benefits from two deceased husbands at the same time. Ask the Social Security Administration to compare the records from your previous husband with those of your second husband so that you can claim the record that provides the greatest benefit.

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

The worker is eligible for the higher benefit, but he or she can't choose to take just the spousal benefits and allow his or her own benefits to keep increasing until age 70. If you remarry, you cannot receive benefits on your former spouse's record unless the new marriage ends (by death, divorce, or annulment).

What is ex wife entitled to after divorce?

Generally, a former spouse is entitled to claim against your money or assets at any point up until they re-marry unless a financial consent order has been approved by the court. Many separating couples are under the impression that getting divorced breaks all financial ties.

What a woman should ask for in a divorce settlement?

You can ask for life insurance, a smaller share of your accumulated debt, more of the family heirlooms or jewelry, or a higher percentage of the retirement funds. Just like women, the men can ask for whatever they feel like they're entitled to within the divorce.

How much money should a husband give his wife after divorce?

If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.