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

Asked by: Davion Sporer  |  Last update: April 5, 2024
Score: 4.1/5 (14 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 you collect Social Security from an ex-spouse if you remarry?

You can't receive survivor's benefits if you remarry before 60. If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse's record.

Can a second wife get husband's Social Security?

Remarriage at any time makes the widow potentially eligible for spouse benefits on her new husband's work record, so marriage is unlikely to leave a woman ineligible for Social Security. However, spouse benefits may be less generous than widow benefits for two reasons.

How much 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.

How do I collect my ex husband's Social Security?

By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office. An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to apply.

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

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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.

When can I start collecting my ex husband's Social Security?

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 divorced woman collect her ex husband's Social Security?

you're eligible for some of your ex's Social Security

wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.

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.

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.

What is a second wife entitled to?

For example, if you were to get married for a second time without a will, trust, nor prenuptial agreement, your second wife would be entitled to 50% of your community property earned during your second marriage, while your children from your first marriage would also be entitled to 50% after your death.

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).

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.

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 5 year rule for Social Security?

The Social Security disability five-year rule allows people to skip a required waiting period for receiving disability benefits if they had previously received disability benefits, stopped collecting those benefits and then became unable to work again within five years.

What benefits will I lose if I get married?

If you get Social Security disability or retirement benefits and you marry, your benefit will stay the same. However, other benefits such as SSI, Survivors, Divorced Spouses, and Child's benefits may be affected.

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.

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 the $16728 Social Security bonus?

Beneficiaries are currently searching for information on How Do I Receive the $16728 Social Security Bonus? Retirees can't actually receive any kind of “bonus.” Your lifetime earnings are the basis for a calculation that the Social Security Administration (SSA) uses to calculate how much benefits you will receive.

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

Yes, you can collect Social Security's on a spouse's earnings record.

How long does a spouse get survivors benefits?

How Long Do You Receive Social Security Survivor Benefits? Social Security survivor benefits are payable to the surviving spouse for the remainder of their life. Restrictions apply for divorced spouses eligible to receive benefits.

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

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.

When a husband dies does his wife get his Social Security?

These are examples of the benefits that survivors may receive: Surviving spouse, full retirement age or older — 100% of the deceased worker's benefit amount. Surviving spouse, age 60 — through full retirement age — 71½ to 99% of the deceased worker's basic amount.

Are you considered a widow if your ex husband dies?

Legally you are not a widow. Once the divorce is finalized, you are no longer married. You do not have the legal rights of a widow and do not automatically inherit anything from his estate.

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.