Qualifying widow(er)s must have been married to the deceased spouse for at least 9 months and have not remarried before the age of 60 (50 if disabled) ( SSA 2007b). Since these duration requirements are fairly short, this article assumes that they have been met.
Surviving spouse, at full retirement age or older, generally gets 100% of the worker's basic benefit amount. Surviving spouse, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount.
The same is true if you were entitled (or potentially entitled) to certain benefits under Social Security or the Railroad Retirement Act in the month before the month you got married. A divorced spouse must have been married 10 years to get spouse's benefits.
You must have been married to your ex-spouse for 10 years or more. If you've remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death.
If you have a disability and are a surviving divorced spouse, you must meet the conditions below to qualify for benefits: Be at least age 50 but under 60. Were married to your ex-spouse at least 10 years. Have evidence of a finalized divorce.
Unless the decedent expressly included their ex-spouse in their will or trust after the divorce was finalized, the ex-spouse will most likely not be entitled to an inheritance from the decedent's estate.
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.
In some states, such as California, in a marriage of ten years or longer, the court retains the right to order that alimony is paid to the lesser-earning spouse for as long as she needs it if the other spouse has the ability to pay.
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.
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.
If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount; PLUS. If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount.
As a surviving spouse, you're entitled to 100% of the deceased's benefits once you reach full retirement age. The full retirement age can differ based on the type of benefit. See this chart for the survivor's full retirement age.
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.
If Your Ex-Spouse Dies Without a Will
Generally, the law divides property between a legal spouse, parents, and blood-related or adopted children. While you could inherit from a will if you were legally married but estranged, such is not the case for an ex who dies without a will.
Specific behaviors and actions can disqualify a person from receiving alimony in California. Notably, a documented history of domestic violence between the parties, or perpetrated by either party against a child, can impact the court's decision on an alimony award pending a case.
In a legal separation, you stay married but the court divides your property and debts and makes orders about financial support. If you have children together, you can also ask for orders about their care and support. You can ask the judge to make orders about: The division of your property.
For starters, you must have been married for 10 or more years and you can't be remarried. To receive ex-spouse benefits you have to be at least 62 years old and your ex-spouse has to be old enough to receive Social Security.
The result is that only one Social Security monthly retirement benefit will be paid to the surviving spouse. That monthly retirement benefit check will be equal to the higher of: (1) The deceased spouse's Social Security monthly retirement benefit; or (2) The surviving spouse's own monthly retirement benefit.
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.
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.
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.
In most cases, the answer is “No — you are not responsible for the debt of a deceased spouse.” However, there are exceptions, and your deceased spouse's estate likely is responsible for paying those debts.
For a community property in California, it depends upon when and how their spouse acquired the property. The law asserts that all property purchased during the marriage, with income that was earned during the marriage, is community property.