You can NEVER remarry and retain your ex spouses Social Security benefit. Once you remarry AT ANY AGE you lose benefits off your living ex spouse.
Calculating the Marital Portion of a Pension
In general, the marital portion of a person's pension benefits is divided equally between spouses. The marital portion is determined by taking the length of the couple's marriage and dividing it by the total number of years the spouse worked while earning pension benefits.
The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.
Social Security benefits for a divorced spouse are calculated based on the ex-spouse's earnings record or their own earnings record, depending on which one is higher. You're entitled to half of your ex's benefits if you start collecting once you reach your full retirement age (FRA).
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.
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.”
You are eligible to receive one-half (50%) of your ex-spouse's retirement benefit. If your ex-spouse should die before you, you can receive their full retirement benefit. The benefit does not include any delayed retirement credits your ex-spouse may receive.
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.
For Retirement and Disability benefits
Your Social Security benefit might be reduced if you get a pension from an employer who wasn't required to withhold Social Security taxes. This reduction is called the “Windfall Elimination Provision” (WEP). It most commonly affects government work or work in other countries.
Your former spouse must report the amount of apportionment they receive as taxable income and is required to pay taxes on this income.
You can allocate up to 50% of your eligible pension income to your spouse or common-law partner. Only one joint election can be made for a tax year.
Spouses who are leaving a marriage after 30 years or more may be eligible for open durational alimony. The goal of this type of alimony is to help ensure each spouse lives as close as possible to their lifestyle before the divorce.
It's important to know that you can ask for a share of your spouse's retirement benefit in your divorce. Even if your divorce decree awards you a share of the retirement benefit, though, you might still not be able to receive it unless you take certain additional steps after your divorce.
Even if your ex-spouse remarries, you are still eligible for a spousal or survivor benefit. Social Security will pay benefits to your ex- spouse, their current spouse and you, and no one's benefit will be reduced.
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.
If the spouses divorced, the marriage must have lasted 10 years. Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.
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.
Both federal civil service and military survivor pensions terminate if the former spouse remarries prior to age 55. Also, any pension benefits awarded to you as alimony or spousal support, rather than marital property, will likely terminate upon remarriage.
DIVIDING YOUR PENSION
In its division of the assets, the court could decide to award an “in-kind” division of the pension – usually a 50:50 split of the community property share – assigning each party a percentage interest to be paid upon the member's retirement, termination, or death.
Ex-spouses who were married for at least 10 years, as well as some valid non-marital legal relationships, may be eligible. You might be eligible regardless of age and how long you were married. One common example is if you're caring for a child of the person who died.
In addition, to be eligible for spouse's benefits, you must be one of the following: 62 years of age or older. Any age if you have a child who is younger than 16 in your care or has a disability and is entitled to benefits on your spouse's record.
5 percent of the employee's normal, straight-life pension (90 percent x 0.55) . However, if the spouse's age is less than that of the employee, the employee's pension is reduced an additional 0.5 percentage point for each year the spouse is younger than age 65 .
The 10 year rule applies to spouses who are divorced and claiming their ex's Social Security benefits. According to the Social Security Administration, you can receive your ex-spouse's benefits based on your own record as long as you were married to them for at least 10 years.