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.
You may be eligible if you: Are age 60 or older, or age 50–59 if you have a disability, and. Were married for at least 9 months before your spouse's death, and. Didn't remarry before age 60 (age 50 if you have a disability).
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.
For a spouse who is not entitled to benefits on his or her own earnings record, this reduction factor is applied to the base spousal benefit, which is 50 percent of the worker's primary insurance amount.
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.
The Social Security 5-year rule refers specifically to disability benefits. It requires that you must have worked five out of the last ten years immediately before your disability onset to qualify for Social Security Disability Insurance (SSDI).
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.
A wife with no work record or low benefit entitlement on her own work record is eligible for between one-third and one-half of her spouse's Social Security benefit.
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.
Spouse benefit provisions of private pension plans reflect the influence of the Employee Retirement Income Security Act of 1974 (ERISA) . Pension plans are not required by law, but once established, ERISA requires that they provide for annuities to spouses of deceased employees.
You're at least 62 years old. You're currently unmarried. Your ex-spouse is eligible for Social Security retirement or disability benefits.
If your spouse dies, do you get both Social Security benefits? You cannot claim your deceased spouse's benefits in addition to your own retirement benefits. Social Security only will pay one—survivor or retirement. If you qualify for both survivor and retirement benefits, you will receive whichever amount is higher.
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.
Spouses and ex-spouses
Payments start at 71.5% of your spouse's benefit and increase the longer you wait to apply. For example, you might get: Over 75% at age 61.
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.
The Bottom Line. If you were married to them for at least 10 years, you may be able to collect Social Security benefits based on your ex's work record. If you meet the requirements, you can receive benefits equal to as much as 50% of your ex's retirement benefit.
If the ex-spouse passed away without leaving a valid will, the distribution of their assets is governed by the state's intestacy laws. In most states, a divorced spouse is not considered an heir under intestacy laws and is not entitled to any of their ex's property.
Your maximum benefit if you file at age 62 – the youngest possible age – is $2,710 per month. Your maximum benefit if you file at full retirement age – between 66 and 67 – is $3,822 per month. Your maximum benefit if you file at age 70 – the age when extra benefits stop accruing – is $4,873 per month.
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.
Generally, the maximum Federal SSI benefit amount changes yearly. SSI benefits increased in 2024 because there was an increase in the Consumer Price Index from the third quarter of 2022 to the third quarter of 2023. Effective January 1, 2024 the Federal benefit rate is $943 for an individual and $1,415 for a couple.
Bottom Line. Social Security for non-working spouses allows them to claim up to half of their partner's full retirement benefit. They can start receiving benefits at 62, but waiting until full retirement age increases the amount.