Here’s some good news about divorce, for a change. If your marriage lasted at least ten years, you can claim social security benefits on the entire earnings history of your ex-spouse.
Those derivative benefits are equal to one-half of your ex-spouse’s benefits. It’s an either-or situation – you’ll get your own benefits, or the derivative benefits, whichever is greater. And collecting derivative benefits doesn’t reduce what your ex-spouse receives, or, if he’s remarried, what his current spouse receives.
Now, here are answers to three of the tricky social security questions we are often asked by readers:
1. How many ex-wives can claim derivative benefits?
As many exes as there are, as long as each marriage lasted 10 years. Mickey Rooney’s seven ex-wives got left out, since none of the marriages lasted more than 10 years, but three of Johnny Carson’s marriages lasted over 10 years.
2. If my ex-spouse dies, do my derivative social security benefits end?
This has a good news, bad news answer. The bad news: If he dies, the derivative benefit ends. The good news is that now you can collect survivor benefits, which are 100% of his benefits, not just 50%.
3. Can I receive both public employee benefits and social security?
Under the Windfall Elimination Provision (WEP), benefits received from a non-Social Security covered job (teacher or other civil service job) may cause Social Security benefits to be reduced by several hundred dollars. The Government Pension Offset (GPO) applies to derivative benefits, which will be reduced by 2/3 of the pension benefits received by an employee from a job not covered by social security.
These rules are subject to change, of course. When you are ready to claim social security benefits, be sure to let the Social Security Administration know that you were married for more than ten years, and be prepared to furnish your ex-spouse’s full name and social security number.
They will then calculate what benefits will give you the highest monthly payment, and they will be able to recalculate those benefits if your ex-spouse dies while you are collecting benefits.
For more information visit the page “If You Are Divorced” at the Social Security Administration’s website.
If you were married 10 years and your ex-spouse collects SSD are you still entitled to Derivated benefits.
Yes, you can get derivative benefits as long as your ex-spouse is eligible to receive Social Security retirement benefits.
I was married 10 years we both remarried a fter out divorce, How much Social Security will i be entitled to/? i WILL B 62 IN fEBUARY 2014.i HAVE BEEN DIVORCED SINCED 2010 fro secon dhusband but divorced rom first husband in 2001
You may collect benefits based on your own earnings history, or divorced spouse benefits based on any husband to whom you were married for at least 10 years. If you begin collecting before your full retirement age of 66, you will receive reduced benefits. Contact the Social Security Advministration at http://www.ssa.gov to find out how much you are eligible to receive.
Here is another good point, if married for ten years to the x husband, compare what you would draw and their SS. If say you are retiring at 62 and your benefit is a bit higher than his…consider that if you do not draw on your SS it will continue to grow by 8% a year. So if your SS was $1400 a month by the time you reached 66 that SS would the be $2000 a month. Use this chart from Social Security to see how that would work for you.
http://www.socialsecurity.gov/retire2/delayret.htm
What you suggest sounds good, but unfortunately can’t be done. If you begin drawing benefits before full retirement age of 66, then you must take the benefit that provides the highest payment. In your example that would be collecting on your own SS rather than your ex’s history. But this is a good strategy once you reach full retirement age — then you can begin drawing on your ex’s history and let your own benefit build (at 8% per year) until you are age 70.
My husband worked for a company that paid into a pension instead of social security. The ex-wife was awarded 100% of the pension in the divorce. Husband has started drawing social security retirement and taxes are being taken out of his check (windfall elimination provision). Social security wants my husband to sign a form that states “I understand that my social security retirement benefits would be subject to Windfall Elimination Provisions when my ex-wife files for those benefits. The windfall elimination provisions would result in my retirement benefits to be refigured and would cause my social security retirement benefit to be less. I understand that I can now receive my retirement benefits without considering the windfall elimination provisions since my ex-wife has not yet filed for a pension from OPPD but that an adjustment will occur once she starts receiving the pension from OPPD. I understand that I may be overpaid for any months that she is receiving this pension and my social security benefits haven’t been adjusted.” What are his options?
He should ask what happens if he doesn’t sign this statement. It sounds as though the statement is simply telling him what the law is and what will happen under certain circumstances, so it shouldn’t make a difference in what he receives whether he signs it or not. But there may be something that I’m not understanding about why they want him to sign and what the consequences will be if he doesn’t.
If I was married for 16 years, then legally divorced my husband, remarried him a couple years later and then divorced him again a few years later, am I still entitled to derivative benefits? I live in Indiana. I have not remarried since. He was my only husband ever. Or does the fact that I remarried him negate any derivative benefits? Thank you.
As long as you were married to him for 10 years or longer total (which you were), and you are not married at the time you apply for benefits, you are entitled to derivative benefits. I’m sorry that your remarriage didn’t work out, but at least it didn’t affect your benefits.
Hello Ginita,
I am very glad to hear this. Thank you. It is for the best.
I have never applied for these derivative benefits. Is there a deadline? I first divorced him in 2004 after 16 years of marriage and it was final in 2004 (uncontested). We then remarried a couple years later and I divorced him again and it was final in 2010 (uncontested). He is 58 years old and yes still working. Is there a deadline for me to apply? Where do I apply?
Thank you.
You can apply at any time once you are at least 62, or within a few months of that. Apply for benefits at the Social Security website at http://www.ssa.gov.
Thank you very much!
Christine
Hello,
If I was to marry someone else someday, would I still receive derivative benefits from the 16 year marriage that ended in divorce?
Thank you!
If you are married to someone else, then you will receive spousal benefits based on that spouse’s history rather than derivative benefits based on your ex-spouse’s history. So if you remarry, be sure to marry up, and not down!
Yes, marry up and not down. I wish I thought about that when I was in my 20′s! Very good advice and thank you for that advice.
Christine
I guess it’s all about money, uh?
Life and happiness are about a lot more than money, but it is true that you can’t live without money, isn’t it?
Hi Ginita,
I have a major problem. I was married to a man for 8 years and then divorced briefly during that time, which was not counted because it was less than a year. We then divorced for a year and were back together for another 8 years in what we thought was a common law state. Wet hen married for another eight years. We were together a total of 23 years, and I never remarried after the last 8 years. which was in 1993. Now I am 62 an can’t get half of his. This is horrible because I was a housewife and had lupus then and now. I just did not know it had to be 10 continuous years plus I did not know WA State does not have common law marriages. Is there any chance if I appeal this that I could get on his based on the total years? It just seems so unfair to give it to wives with ten years and not me who was with him 23, 16 of them married. I believe it should be based on total years. Could I present an argument and have any chance of winning on appeal? We had three children together, one adopted even. Thanks for your help!!
Yes, you do have a problem. I checked with a respected expert on Social Security and she said: “If the remarriage took place no later than the end of the calendar year after the divorce, the two marriages can be combined for the purpose of satisfying the 10-year marriage requirement. This is an obscure rule buried in the Social Security Programs Operation Manual System.”
Hi Ginita!
Thanks for checking and your reply! No, we do not have the remarriage in the needed time frame. I just do not think this law is fair related to rare cases like mine where I was with this man for so many years. Do you think I stand a chance on appeal? It seems unfair and discriminatory to me.
Thank you!
You can appeal if social security is not following its rules. But if it is following its rules, which it seems to be, then you will need to get congress to change the rules. I suggest you contact your representatives in congress.http://whoismyrepresentative.com/
I have been married to my husband from jan 2004 . but we have been living together from 2001 june. If I file for divorce now , will I be getting his social security benefits?
You must have been married for at least 10 years to collect divorced spouse benefits, so if your divorce is final before Jan 2014, you won’t be eligible.
I got married April 12,1966 and got divorced March 25,1975 . Does it take into consideration that I have his child ? I would have stayed married a little longer had I known the rules at that time, but I didn’t . He deserted us 2 years prior to me filing so it wasn’t like I was having to live with him anyway. I liked a month being 15 when we married , so technically I was 14. I really don’t understand , if you have his legal child what time frame has to do with it. If there is a loophole to me being able to draw from him , please let me know. He is still living . There may not be anything I can do , but I certainly would deserve it . He paid no child support and left me at 22 with 5 yr old child and no education or money to live on . It’ was hard to find any kind of job , quitting school and marrying at 14. He is retired from high paying job , and only a few months being 10 years I was married to him , is standing in my way. What a shame , they should change the rules stating if you have a child it shouldn’t matter .
For you to get divorced spouse benefits, you must have been married for at least 10 years, and I know of no exceptions. Since these are retirement benefits, whether or not you have children is not relevant. If you and he had minor children when he retired, they would be entitled to children’s benefits, but in your situation that isn’t the case.
So. when you say , you have to be married “AT LEAST” ten years, Could that mean same month , ten years to the month or ten years to the month and day.
eg: married Jan 10, 2000 Divorced Jan 1, 2010 would that be considered “at least 10 years.
thank you
Sorry, but it sounds like you missed the 10-year mark by just a few days …..
If my ex has remarried, and I have also remarried ,but he has passed away and we were married for 25 yrs am I still entitled to his benefits?
Generally, you cannot get widow’s or widower’s benefits if you remarry before age 60. But remarriage after age 60 (or age 50 if you are disabled) will not prevent you from getting benefit payments based on your former spouse’s work record. So if you were 60 or older when you remarried, the answer is yes, you would qualify.
But if the marriage ends with the second husband for whatever reason, you WILL be able to draw benefits from the first husband. I had the same situation. I was married for 28 years. I remarried at age 55. I retired at age 62 and drew benefits on my own work record. The second husband passed away five months later and I began to draw his benefits. The first husband passed away six years after that and I began to draw benefits from him, which was substantially more since he was already on disability. At this time, I was married again. The requirement is that the marriage you entered into before age 60 has been terminated, whether by divorce or death. After age 60, you can remarry as many times as you wish and still draw from the first husband.
If your ex-spouse (from marriage over 10 years) divorces his second wife prior to 10 years, then he is still eligible for your benefits (if he’s single by retirement age)? And you say, at least as of today, what he receives in derivative benefit from me will not affect my own benefit?
You got it! He can collect benefits based on your social security record, but your benefits aren’t affected at all.
I was married for 21 years and then divorced. I am 65 and just now found out that I am eligble for divorced spousal benefits. I could have been receiving them for 7 years! I have also learned that the SSA will only go back 6 months for retroactive benefits. I feel that the SSA purposely does not divulge this eligiblity in the statements that are sent showing how much an individual’s social security benefit amount will be. Is there anyway to make the SSA accountable for this? I am sure there are many women who have missed receiving these benefits!
You can’t receive divorced spouse benefits until you are both 62 or older. If you collect at the age of 62, your benefits will be reduced by about 30% compared to what they would be if you had waited until age 66 to collect. Since you are 65, you haven’t really lost anything — collecting now, or waiting until your full retirement age of 66, will give you much higher benefits than you would have gotten by collecting earlier. Again, the earliest age at which you could have collected is age 62, so there is no way that you could have been receiving benefits for 7 years, as you state.
Social Security Administration no longer sends out the paper statements, but you can check your benefits on line at http://www.ssa.gov. On both the statements and on line they show how much you can collect at ages 62, 66 and 70. They can only give you that information based on your own earnings history because of privacy issues. Once you apply for benefits, you can find out how much you can receive in divorced spouse benefits.
I thought spousal benefits could start when my ex was 62 and not when I was 62? I also understood that I can take the spousal benefits now and wait to take mine at 70 so that I get the highest amount for my social security benenfits.
You both have to be at least 62 to take benefits.
If you begin taking benefits before your full retirement age of 66, you will receive reduced benefits.
If you wait until at least 66 to take benefits you will get full benefits.
You are correct that you can take the divorced spouse benefits at age 66 and then switch over to your enhanced benefits at age 70, if they are greater than the divorced spouse benefits. That way, your own benefits will increase by 8% for each year you delay taking them, up to age 70.
Here’s a straightforward explanation of the rules at the Social Security Adminstration’s website: http://www.socialsecurity.gov/retire2/divspouse.htm
Is it better to take my ex-spouses social security first? I plan on retiring at 62 and he has already retired. When I apply for retirement, will I have to tell Social Security that I want his benefits first or is this something they determine? I don’t know how much he made, but I guess I’m assuming his income was greater than mine. Is this something that will be told to me when the time comes?
If you begin taking benefits when you are age 62, you will not get a choice on whether to take yours or not — you’ll get the highest amount you are entitled to, reduced by around 30% because you are claiming benefits before full retirement age. If you wait until full retirement age, you can opt to claim divorced spouse benefits on his record, and let your benefits continue to increase (at 8% a year) until age 70. At that point, you could switch over to your own benefits.
But waiting to take benefits until your full retirement age of 66 probably isn’t the right solution for you, even though it would give you greater benefits at age 70. Since you intend to retire at age 62, I’m guessing that you need to begin taking benefits then. And to my mind, the best time to begin taking benefits is when you need them — that’s what they are there for.
I have an interesting one for you. I am the executor of my father’s estate. He died outside of the USA. (age mid 80′s) Both parents moved to the US in the 50′s. Their marriage ended in divorce after 11 years. Both parents remarried to others and these marriages ended in divorce as well. My father applied for and received Social Security (SS) starting about 20+ years ago. He moved outside the country and continued to collect his SS by way of direct deposit to a bank account. About 7 years ago the SS payments stopped due to a legal issue of which I have very little information, but not related to his eligibility to SS and more likely for failing to appear in court. It appears he never challenged the cancellation of his SS. In conversation with my mother, now retired (age late 70′s) and living in the US, she mentioned that she may be eligible for my father’s SS. So my question is: Is my mother eligible to collect from my father’s SS even though it was cancelled due to an issue unrelated to his eligibility to SS?
If your father was receiving social security payments at one time, that was because he has an account with them on which those payments were based. If the payments stopped, they either went to someone else (such as the plaintiff in the legal issue), or else they were temorarily halted for no good reason, and the estate is now due the back payments. Either way, your mother should be able to collect based on your father’s account. So contact social security as the executor of your father’s estate, and have your mom contact them as well (or you can contact them with her by your side to give them permission to talk to you on her behalf). You can reach Social Security toll-free, 7AM to 7PM, Monday to Friday, by calling: 1-800-772-1213. Good luck, and please return to tell us what you found out.
My ex died, but we were common law in 1996, he even had me on his life insurance as the beneficiary Aug 1,1997, we got married Oct 4,1997 and divorced Sept 10, 2007. Would that qualify.
If you were common law married under the laws of your state, you are considered married for all purposes. So yes, you would qualify for widow’s benefits.
I’m 76, was married to first husband 20 yrs. he is now 80 and receiving ss benefits including Medicare. I remarried to a much younger man (he’s now 50). After 24 yrs of marriage number 2, divorce will be final next month…. I can’t collect on second husbands social as he’s not retirement age. Can I claim on first husband’s immediately after my divorce is final from second marriage??
Yes, once your divorce is final go to http://www.ssa.gov to apply for benefits.
I’m about to be divorced for sencond time. First marriage lasted 20 years –first husband is 80 and collecting social security and medicare. Second marriage lasted 24 yrs but second husband is not retirement age and wont be for sometime. I understand I am entitled to social security and medicare from first marriage…question is how son after second divorce is final? immediately or is there some waiting period? I’m 76
Once your divorce is final you can file for benefits at http://www.ssa.gov.
I was married for 10 years and divorced. After that I married for 9 years and was widowed.
Would I at 62 be eligible for the benifits of the 10 year marriage.
As long as you were married for 10 years or longer and both you and your ex are at least 62, you can apply for reduced benefits based on your earnings record or his. They will figure which will give you the highest benefit and that’s what they will pay you.
If her second marriage ended in widowhood, she could be collecting widows benefits as early as 60 in a reduced amount or even 50 if she were disabled.
As you say on the divorced husband she could start collecting, again reduced on his benefits at 62 assuming he is also 62. Or she could collect one at 60 or 62 respectively and switch to the other later on.
I was married twice; first time was for 20 yrs. then divorced, he died two years ago but age 57 on a disability check. (SSI)
Second marriage was for 19 yrs. I am now going into a divorce, he is age 71.
can I file for widow’s pension when I turn 62– from the first husband who died.
I am 61 and do not qualify for retirement at all.
Thank you so much
When you are close to turning 62, contact the Social Security Administration at http://www.ssa.gov and fill out the application for benefits. Be sure to indicate both marriages, and mention that Husband #1 is deceased. They will figure the marriage that will result in the highest benefit for you.
She can apply at 60 for those widows benefits once her current divorce is final. you seem to be missing the widows can collect as early as 60 or even 50 if disabled. Also she does not state how old she is, since she is not yet 62 it appears, then she could not file on husband 3 for which she would only be elegible UP TO 50% of his benefit for two years after the divorce.
She can file for Widow benefits under husband 2 if she is 60 as stated above, which would be 100% of his FRA amount minus reduction for her filing before her FRA.
McCall is correct when he says that reduced widow’s benefits are available as early as age 60, so you can file for reduced benefits now or wait until you are 66 and collect full divorced widow’s benefits. But you can do that only after your divorce is final.
I don’t understand McCall’s comments about filing on Husband #3, since you have been married just twice, and are currently divorcing Husband #2. Since Husband #2 is very much alive, McCall’s suggestion that you collect widow benefits from his earnings record can’t be done.
I’m in process of divorce of 11 years. Married from 2000 separated 2011. He was an active duty in the military service in 2000 through 2005 then he retired. In 2011 we got separated. If I asked for retirement benefits on our divorce, do I receive just the half of his time served as an active duty of 5 years? He started working as a civilian in the military since 2005 after he retired. Do I get a portion of that retirement benefits?
You are entitled to a share of the military retirement based on the service credits earned during your marriage compared to his total service credits. You are also entitled to a portion of the pension earned as a civilian, based on the time he was working for them and you were married compared to the total time he ends up working for them.
I was married to my ex for 10 years, most of those years he was active military. We divorced in early 1980′s. He retired from the military in 1991 and just recently, he retired from civilian work. When I retire, will I be eligible for any military retirement, his civilian social security, or both?
Hmmm, seems to me that the military retirement should have been divided when you divorced. Doesn’t your divorce settlement agreement talk about that issue? If not, you may still be able to get your share of it, though I’m not sure what would happen if he’s been collecting benefits since 1991 that are rightfully yours.
Since you were married to him for 10 years, you will be eligible for divorced social security benefits.
I got married in July 2001, but we separated 3 months after, we are still married,never filed for divorce. If I get divorce and remarry and for some reason my second marriage doesn’t work and I divorce again, can I claim SS for my first marriage even if we were separated all this years?
Yes — married is married, in the eyes of the Social Security Administration. They don’t care whether you lived together or were separated.
I live in Alaska and have been marriage for 23 years but separated for 21 do I still receive hand of his pension
I don’t know Alaska laws, so you’ll need to check with your attorney to see what portion of his pension you might receive.
Spouse was married to a physician for 19 years and two kids and then divorced. Spouse and I were later married 10 plus years and are now finalizing a divorce. I think you stated it above, but would you clairify if my spouse (if she remains unmarried) who has rarely worked
1. can get half of her first husbands SS Benefits and also half of mine- Or does she cap out at 50% of the highest amount or if both are at the highest level then 1/2 of the last husband’s. or does it not matter if both were at the highest level.
2. Now if one or both of her ex spouses dies–whose survivors benefits will she tap into. It is likely her first husbands income will be high through out his life — he is 60) and mine will be at a lower rate–I am 59.
Thoughts?
She is entitled to collect derivative benefits (divorced spouse benefits) on either ex-spouse’s history or her own history, whichever produces the highest benefit. She can’t double up and take divorced spouse benefits on both of her ex-spouses. If one of the ex-spouses were to die, she could get quasi-widows benefits based on that person’s history, if that would result in a higher benefit (which it likely would because it would be 100% benefit on that person’s history rather than just 50% divorced spouse benefit). Again, which history she would collect on depends on which would give her the greatest benefit.
my ex was court ordered to pay me spouse support when we got divorce. i was married to him for 10 years i’m 63 can i get bouth ss and spouse support from hin one more question, and can i get back pay from not fileing for his ss when i was 62?
Yes, as long as you and he are both 62 or older you can receive social security benefits even though you are receiving spousal support at the same time. The benefits begin no earlier than the date you file for social security. They are retroactive.
i was married for over 10 years, divorced, and later remarried to a different person for 5 years, then divorced, so am single now. found out that first husband has passed away, i well be 60 next month, do i qualify for surviving divorced spouse benefits?
Yes, you can get reduced widow benefits at age 60, and full benefits if you wait until 66 to collect. Contact the Social Security Administration ASAP if you want to apply for benefits: http://www.ssa.gov.
hello again ginita, and thank you for you reply a couple of months ago. well i went to my local ss office and told them was married over 10 years first husband, and then 5 yrs and a divorce from 2nd, just like i told you, and the girl at the ofice told me that i am not elligiable to collect ss from 1st husband, unless i was also married for over 10 years to my 2nd husband! i tried to explain to her that the internet did not say tht i had to be married to the 2nd husband for 10 years, but she just said that i am not elligable and bye. please if you can check and see if we are correct in me being able to collect ss so i can and if i should check into this more. thank you very much
I took early SS benefits at 62, in 2008; I was still married at that time (for 18 years).. My husband (who is a teacher in California) and I were divorced in 2010. As a part of our divorce settlement, I will receive a portion of my ex-husband’s teacher’s pension up to the time we separated (about 9 years of his teachers pension), for life.
Anyway, I’ve just heard about Windfall Elimination Provision (ha!, like $400 per month payment from my husband’s pension fund is a “windfall”?!) and the Government Pension Offset. Will either one of these impact me? The formulas that govern these provisions are mind-bogglingly complex, and I’ve given up trying to figure out whether they apply at all, and if they do, how much it will mean to my already meager SS retirement check. I’m not sure that I have 30 years of “substantial earnings” as defined by SS, because I was a working mother, and was home for many years – I’m aware that years of “substantial earnings” can impact the Windfall Provision. Again, just knowing if they apply to my situation would be a big help. I’m surprised that any of this would apply, because it’s a part of a divorce settlement.
Thanks for your help!
Any help or advice is appreciated.
Under the GPO, if you receive a pension from a federal, state or local government based on work where you did not pay Social Security taxes, your Social Security benefits tased on your ex-spouse’s earnings history may be reduced. But I don’t see in your post that you are going to receive a pension on your work, so the GPO wouldn’t apply.
The WEP affects you if you earned a pension in any job where you did not pay Social Security taxes and you also worked in other jobs long enough to qualify for a Social Security retirement or disability benefit. Again, that doesn’t sound like your situation.
HELLO. I AM MARRIED 18YRS TO A RETIRED NYC POLICE OFFICER.. WE HAVE ONE CHILD. HE HAS BEEN TAKING CARE OF ME FOR OVER 10YRS. I AM 40YRS OLD. WE JUST SEPERATED ABOUT 7 WEEKS NOW. HE IS SAYING THAT HE IS TAKING MY NAME OFF THE BANK ACCOUNT!!! IF I DONT GIVE BACK THE CAR WHICH IS IN BOTH OUR NAMES HE IS GOING TO REPORT IT STOLEN!!! WHAT ARE MY RIGHTS????? PLEASE HELP ME!!! I JUST DONT KNOW WHAT TO DO
It sounds as though you need to file for divorce or legal separation quickly, so that you can get a judge to give temporary orders giving you support and temporary use of the car and other marital assets. Go to the courthouse and ask them whether there are facilitators there who can help you with the paperwork. Hurry!
I’m in the same boat as you Jennifer. I’ve been married for 21 to a police officer.
Hello, I was married for 10 years to a wonderful man and he passed away during our tenth year of marriage in May 1999. I became permanently disabled in 2001 and have been collecting social security disability benefits from my account. I am 52 years old now, unmarried and do not have children. Could I be entitled to his benefits as well? Thank you.
You are entitled to widow’s benefits, for sure, but not in addition to your own benefits (disability benefits in your case). You’ll get the higher benefit, not both. I’m assuming that the Social Security Administration is aware that you were married, so when you reach age 60, the age at which you can collect reduced widow’s benefits, they will adjust your benefit to the widow’s benefit amount, if it is higher than you are getting. You probably should contact them a few months before your 60th birthday, to make sure that they will be reviewing it at that time.
She said she’s disabled. I thought benefits started at age 50 for disabled widows.
Here are examples of monthly benefit payments from the Social Security website:
•Widow or widower, full retirement age or older –100 percent of your benefit amount;
•Widow or widower, age 60 to full retirement age — 71½ to 99 percent of your basic amount;
•Disabled widow or widower, age 50 through 59 — 71½ percent;
•Widow or widower, any age, caring for a child under age 16 — 75 percent.
i was married to the father of my children for 20 years. if i do not remarry, what am i entitled to receive? his pay was double mine, and i took years off to raise my kids. what is derivative benefits? i am now in a relationship with a man who earns more than my ex. if i marry him, i lose my ex’s benefits. how long do i need to be married to get benefits as his widow? sorry if this seems cold but i am concerned about the future and i could just live with him if it is better financially.
thank you
You are entitled to derivative benefits as a divorced spouse, since you were married for more than 10 years. That means you’ll get an amount equivalent to half of what he is eligible to receive, or your own benefits based on your own history, whichever is greater. If you are married to someone else when it comes time to collect benefits, then you will be entitled to spousal benefits based on that person’s earnings history and mot derivative benefits based on your ex-spouse’s earnings.
If you don’t remarry and your ex-spouse dies, you can collect widow’s benefits. If you remarry and your current spouse dies, you can collect widow’s benefits based on his earnings record, no matter the duration of your marriage.
I HAVE BEEN MARRIED FOR 27 YEARS (TOGETHER FOR OVER 30 YEARS) MY HUSBAND ABANDON OUR 12 YEAR OLD AND MYSELF ON 11//11/12. HE WANTED TO COME BACK ON 12/31/12. THAT DIDN’T WORKOUT! HE LEFT US AGAIN ON 1/14/13! I HAD FILED DIVORCE PAPERS ON 12/20/12! JUST FINALLY GOT HIM SERVED ON 1/16/13. IT WAS NOT STATED IN THE DIVORCE PAPER THAT I SHOULD RECEIVE ANY OF HIS SOCIAL SECURITY, BUT IT IS STATED THAT HE RECEIVES A PENSION HE RETIRED IN 2010 FROM THE CITY OF LA. DOES IT NEED TO BE WRITTEN IN THE DIVORCE THAT I AM ENTITLED TO HIS SOCIAL SECURITY, HE IS 60 AND NOT COLLECTING IT YET, I AM 50 AND ON WORKMEN’S COMP. INSURANCE. I ONLY RECEIVE $920.00 MONTHLY! HE IS SAYING HE WILL NOT GIVE MEN ANY SUPPORT UNTIL WE SEE THE JUDGE! DO I NEED TO THE COURT AND ASK FOR TEMPORARY SUPPORT FOR OUR DAUGHTER AND MYSELF! I CAN’T PAY RENT,BILLS,DESPERATE!
I’m so sorry to hear about your troubles. Since your husband refuses to pay support, you need to ask the court immediately for a hearing re temporary orders for support. It is the only way he will pay you, it sounds like.
You don’t need to put anything into your divorce decree about social security, since it is by operation of federal law, and your divorce decree is a state document that won’t affect federal law.
Thank you,! There needs to be more caring women like you! Thank You, Lord for leading me to the Wife.org website. Bless you ladies and men who work on this site!
Will it make any difference in receiving derivative benefits if I change my name when I divorce? I have been married 24 years and I am planning to take back my maiden name.
No, it won’t make a difference — social security keeps track of you by your social security number, not by your name.
Hello,
I was married for 24 years. My husband earned most of our wages but I did earn some of the wages for a few years. Most of those years I spent raising our three children.
A couple of years after we divorced I became disabled but I only qualify for SSI as I did not work enough years prior. I am now 50 and he is 56. Is there any possibility that his social security can help me now? SSI is not near enough to live on especially with my medical expenses and until a year ago I still had a teenager in my home.
Thank you for your time,
Mindy
Once you are 62, you will be old enough to apply for reduced divorced spouse benefits, that may exceed what you are getting from SSI. I know that’s a long time to wait, but you can’t qualify for social security benefits on his earnings record until you are both at least 62. If he should die in the meantime, you could begin getting reduced benefits at age 60.
Again, she states she’s disabled, so benefits should begin at age 50. She cannot draw from him, though, until he begins to receive benefits or dies.
I’m planning my own retirement and need clarification on survivor benefits. I was married 20 years and presume ex-husband had greater earnings. I am still divorced, never remarried, and do not plan to marry before 60 years old. Ex-husband filed early at 62. If he dies prior to my retirement I understand I can file for survivor benefits at 60. My question is whether his early filing would affect my survivor benefits or are survivor benefits always based on full retirement benefits. I know that if I were to file for survivor benefits at FRA I would receive 100% of his benefit and only 71.5% of his benefit at 60…just not sure which benefit this is based on…his FRA benefit or the early benefit he currently receives.
If your ex-spouse dies and he was receiving reduced benefits due to early retirement, your widow’s benefits will be based on those reduced benefits. Here’s a link to the Social Security Administration’s explanation: http://www.ssa.gov/survivorplan/ifyou5.htm
again this is incorrect information. while spousal benefits would be reduced if husband took early retirement, SURVIVOR benefits are not , they are based on FRA benefit and would only be reduced by the age the widow takes the benefit at.
The Social Security Administration makes it very clear on their website: “If the person who died was receiving reduced benefits, we base your survivor’s benefit on that amount. The maximum survivors benefit amount is limited to what he or she would receive if they were still alive.”
Hello,
I’m hoping you can give me some assistance. My husband is 69. He was married to his ex wife for more than 10 years. I believe she is in her 50s. She stopped working right after marrying him & hasn’t worked since; she went on “mental disability” & had a bunch of (faked) mental issues. He has NO children with her or anyone else. He just retired from Federal employment a little over a year ago. She got alimony up until he retired, and then immediately began getting a portion of his pension. When she hits 62, if he has passed away by then, is she eligible to collect on his social security benefits as well? Basically, my question is: What happens to survivor benefits when there is an ex wife who is 62 or older and a current wife that is under 62 & someone passes away?
Thank you in advance for any clarification you can offer.
Since she’s getting federal benefits, she probably won’t be eligible for much, if any, of his social security, because of a provision called the government pension offset. But you don’t need to concern yourself with whether she collects or doesn’t collect — it doesn’t affect what you will get, while he is living or after he dies.
Thank you very much for the prompt reply & for the advice!
Sure have enjoyed reading your website. I am 58 and r married two years ago to a man who is now 62. At this time I do not have enough working quarters for SSI believe it or not…had a rough go being single and surviving on my own. Now that I am married must I wait the 10 years until I can collect from my now husband’s retirement? He does plan to retire at age 66. The reason I ask is because another website by a man named Larry…he stated that collect a a new husband’s SSI the wife must be married to him for ten years.
Thank you
Perhaps you misread Larry’s website — the 10-year rule has to do only with divorced spouses. You will be able to collect spousal benefits once your husband begins collecting.
Hi. I was divorced five plus years ago and without an attorney’s help I gave my ex wife more alimony than I should had especially now because I am remarried. I didn’t realize at the time that my ex now at age 62 can collect SS either hers or on mine whichever she chooses. She has made no effort in finding work and lives comfortably with her support I give her. In my mind I feel it would be fair to reduce the support some because as I said before..my situation has changed in many ways and I was too generous at the time of divorce only to resist contention. What are your feelings? If I were to get an attorney would I have a chance to make changes because of her added income?
If I marry at age 59 to a man who is 62 and planning to retire at age 66, can I collect on spousal benefits at age 62 if we have only been married for five years?
Yes, you can collect as soon as he begins collecting.
At the time I did my self divorce, two years ago, I agreed to a lot of alimony lasting until I reach the ripe age of 68. Not realizing at the time that she, my ex, would be able to collect next month, at age 62, her own SS benefits and then collect spousal benefits (mine) at 50% which will be the greater amount at age 66. At this time she will have more income than myself without even working!
If I bring this to to a lawyer to have the amount I pay her each month reduced, do you think I will have a fair chance? These last two years she lives only on her alimony not trying to find employment, etc as she promised she would do…. while I struggle to make ends meet each month.
Take a look at your divorce agreement and see if it says that you can modify alimony on a change in circumstances, or if it is non-modifiable. If the latter, you likely are out of luck. If the former, then her collecting social security benefits might be a change in circumstances that would allow you to petition the court for a reduction. But I’m not sure from your comments that she is actually going to collect social security — you say she is eligible, but there is nothing that would force her to accept reduced social security benefits at age 62 rather than waiting until full retirement age of 66. If she isn’t collecting, that’s not a change in circumstances. Also, look to see if your divorce agreement says that she should seek employment — if so, you might have a case to open it up for modification.
The divorce papers are very very vague as I did not have a lawyer to help. It only states the date August 2018 when alimony ends. Because it does NOT say it is non modifiable I still may have a chance possibly?
She will be 66 in 2016 so again her collecting 50% of my ss and collecting 40% of my income, she will be bringing in more than myself. I hope that the court will see my side as I am told they are usually on the women’s side.
I was married for over 10 years, got divorced and remarried again for 2 years, got divorced and remarried for another 2 years and currently divorced. My former spouse of 10 years had a common law spouse and they were together for over 10 years. They are both deceased. I am now 76 years old. Am I entitled to my ex husband of 10 years benefits?
Yes, you are entitled to survivor benefits — contact Social Security at http://www.ssa.gov as soon as possible.
I was married for over 10 years to my second husband, married a third husband less than 8 years and am now been living with a man for over 2 years…my question is if I should become his common law wife only for the simple reason I am living with him can I still collect social security benefits from my second husband?
I don’t know the laws regarding common-law marriages in your state. Common law marriages can be contracted in nine states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Utah and Texas), so if you don’t live in one of those states you can’t contract a valid common law marriage.
If you do become married under civil or common law, then you will be eligible for spousal benefits on your current husband’s history rather than divorced spouse benefits on your former husband’s history.
My parents are recently divorced and since than my father started receving SSI bennefits for himself and the other four children. Not me because i am 18 i am just curious about this. My mother has full custody of my younger sister who is eight. She is calling attorneys because she thinks she should be getting the bennefits that my father is recieving for her. So my question is can my mother fight my father for the bennefits that he is recieving for her? If so why?
Children of divorced parents are still eligible for benefits regardless of whether the child lives with the parent receiving Social Security benefits. Since those benefits are for the children, your mother should check with her attorney about getting those funds paid to her by your father as additional child support for your sister.
I live in the state of South Carolina and asked :
I was married for over 10 years to my second husband, married a third husband less than 8 years and am now been living with a man for over 2 years…my question is if I should become his common law wife only for the simple reason I am living with him can I still collect social security benefits from my second husband?
Question: My stepfather is a retired policeman and thus received benefits from a non-Social Security covered job. He was married to his former wife for more than 10 years and is currently married to my Mom and that has been for more than 10 years. He also worked off-duty jobs during his career and did pay in Social Security on that income and he is also a Vietnam Vet. He currently receives about $100/mo in Social Security benefits and the medical deduction pretty much wipes that out. Does this sound right to you, or should he be able to claim derivative benefits off either one of his spouses???
If you work for an employer who does not withhold Social Security taxes from your salary, such as a government agency, any pension you get based on that work may reduce your Social Security benefits, and your Social Security derivative benefits are reduced by two-thirds of your government pension. That is probably why his social security benefits are so low and he isn’t receiving derivative benefits based on his former spouses’ earnings records.
My husband (age 64) and I (age 54) were married Sept. 3, 2012. He received Social Security benefits ~ $12k in 2012. We found that 85% of his benefits are taxable in 2012, due to my income level slightly over $44k in 2012. I got less than $200 back and typically receive $2k. My husband has stated he will be filing for a divorce, since he has ‘lost money’ by having to pay taxes now and probably forever in the future. We do not share bank accounts and I pay all the bills. It’s a sad state of affairs we live in where $44k is considered a ‘high earner’ and requires taxing a previously non-taxed benefit. Just doesn’t seem fair and I’m not sure who to start the fight with. Seems this law has been unchanged since its inception in 1983.
You’ll have a difficult time fighting this, IMHO. I predict that in the future social security will be 100% taxable for most, if not all, people, just like all other income.
Not sure how anyone would ‘live’ on $12k, less taxes. Maybe therein lies their point to rid us of SS.
My husband and I were legally married for over 10 yrs., separated during that time. If my husband got remarried during that time with or without a divorce will that affect my getting benefits. As far as I know he didn’t get a divorce.
First of all, bigamy is illegal in this country, so if your husband remarries without getting a divorce he is in big trouble. If you are not divorced from him, you will be eligible for spousal benefits. If you and he divorce, then you’ll be entitled to divorced spouse derivative benefits.
He is deceased now. I am 66 yrs. What if he got a divorce that I didn’t know about? Would I still qualify for survivor benefits? I did get a divorce after 10 yrs.
Since you are divorced, and you were married for 10 years, you do qualify for survivor benefits as a divorced spouse. If you got a divorce, I doubt that he got one earlier — there’s only one divorce per marriage.
Thank you so much for your help!
My mom was married for 24 years and got divorced in 1998. My dad retired and started collecting his Social Security benefits in 2009. My mom will turn 65 in a couple months and was recently given advice that she should start collecting her lower benefit now until she is 66. Then switch next year when she turns 66 to collect 50% of my dad’s benefit, which is more than her benefit. Is this really an option for her, to switch from her benefit to his? If so, will she really get 50% of his benefit if she starts collecting early on her benefit or will it be reduced to less than 50%?
If your mom begins getting social security before her full retirement age of 66, she will get reduced benefits, whether she is collecting on her own record or her ex-spouse’s record. Her benefits will be reduced in perpetuity. The only exception is that if he dies in the future, she can switch to full survivor benefits, which will not be reduced even though she began collecting early.
So if she intends to collect early, she should collect based on her former spouse’s history if that would produce a higher benefit.Matter of fact, if she applies before full retirement age, she doesn’t get to choose — she gets the highest benefit.
Thank you very much for the prompt reply. I had a feeling the advice she received was incorrect. The unfortunate part is that she received this advice from a worker at her local SSA office. Your answer is very helpful.
Apologies in advance if this question has been asked and answered before…
My father recently passed away. My mother and he we’re married for over 30 years and divorced several years ago. She had almost no income during their marriage thus very little Social Security credit of her own. She remarried at age 62 and remains married today. Is she eligible for some portion of my father’s benefits now that he has passed?
Yes, she should be able to get widow’s benefits since she was 60 or older when she remarried. She will get those benefits if they exceed her own benefits and the spousal benefits she is eligible to receive from her current husband’s history.
I was married for 14 years to first husband and then divorced, married to someone else 24 years ago and my divorce from him will be final one month before my 62 birthday. Second husband was not a good provider. If I can file for first husbands ss benefits how can I tell if his amount will be be greater than second husbands amount? I do not have first husbands ss information, how do I go about this? Not being a gold digger but I need the most I can get. Also, do I have to be divorced two years from my last husband to file on my first husbands benefits? I keep seeing that 2 year divorce thing and can’t determine if they mean from first husband or last husband. Please help me, I can’t afford an attorney.
Yes, you can receive benefits based on your first husband’s earnings history, since you will be single at the time you apply. If your ex-spouse has not yet applied for benefits but is eligible to do so (62 or older), then you can apply as long as you and he were divorced for two years or longer. Once you apply for benefits, social security will determine which record will give you the highest benefits.
My husband are filing for divorce this year. We have been married since July 5, 2003. In order for me to be eligible for derivative benefits in the future do we need to wait until after July 5, 2013 to file divorce papers, or does the divorce just need to be final after July 5 2013?
If you want to qualify for derivative divorced spouse social security benefits, your divorce should be finalized after July 5, 2013.
I was married for 25 years and got divorce last April. If I get married again at the time of retirement can I collect SS benefits from my previous marriage? I now 46
Once you are 62, if you are unmarried you can collect based on the earnings history of a former spouse to whom you were married for 10 years or longer and who is eligible to collect benefits. If you are married when you reach age 62, you can collect based on your current husband’s earnings history, not your former husband.
I recently got married April 1st 2012 to my husband. He is 60 years old and he has never put into social security in his life. He was married to a woman around 20 years and she worked for many years and put into social security. Could he get some of her social security benefits when he turns 62 years old. Thank you!
Your husband could have received reduced divorced-spouse benefits at age 62, were it not for his remarriage. When heremarrie he gave up his rights to divorced-spouse benefits, but he would be eligible to collect spousal benefits based on your earnings history when you apply for benefits. If he was at least 60 when he remarried and later his former spouse dies, he could receive survivor benefits based on her record.
I am 64 and was married to my ex-wife for 11 years. I have been married to my second wife, who is 36, for five years. I took early Social Security at 62 and receive $1,200 per month. My ex-wife worked at a state job for 30 years and receives a whopping pension of $4,000 per month. Will she be eligible for widow”s benefits after I die? What about my second wife? In 30 years, how much would she be eligible for? Does she have anything to fear regarding my first wife applying for widow’s benefits?
Your ex-wife will be eligible for survivor benefits when you die, but they will be offset by about 2/3 of her pension under the Government Pension Offset rules, so it is likely that would eliminate any benefit she otherwise could receive, and she’ll get nothing. Your current wife can receive reduced widow’s benefits as early as age 60, or full benefits if she waits until age 66, provided that you are deceased at that time and she has not remarried (or if she did remarry, she remarried at age 60 or older). Her full benefits would be the benefit you were eligible to receive. If you have children under the age of 16 at the time of your death, they can receive benefits as well. Whether or not your former spouse applies for benefits on your earnings history does not affect your current wife’s rights.
To follow up, if I die in in 15 years and my second wife applies for benefits in 30 years, would she also be eligible for cost of living increases that went into effect over that entire period of time?
Yes, she would receive whatever you would have received had you lived.
Employees of the State of Georgia pay SS premiums, so do not come under the Government Pension Offset Rule of reduced SS benefits. I assume other state employment is the same. This would need to be checked into.
I have been married since September 2009. I will be filing for divorce next week. My questions is……I am on Social Security Disability. I received the Retroactive amount the month after we were married. I spent some of the money paying off his bills he had prior to us getting married and 2 down payments on motorcycles. Can I recover any of that money from him in the divorce? As I said all was paid out of my Retroactive Social Security Disability.
Thank You
Check with your attorney. In many states, if you use your separate property (SS disability retroactive payment) to pay his separate debt, it is considered that you made a gift to him, and you can’t get reimbursement. But maybe you have a separate property interest in his motorcycles because of your separate property contribution to the down payments.
Hi ginita,
My husbands x wife was recently diagnoised with cancer, shes only 51. They were married at least 10 yrs and she has filed and approved based on my husbands ss diabilty benefits. He is 57 and stiil working. Is she entitled to his full amount or just half of his amount showing on his old statement. Thank you
Gosh, you stumped me with that one. I don’t know how much she’ll get, but Social Security will compute the correct amount she will receive. It shouldn’t impact your husband’s benefits in any way.
I was married for more than 10 years and then divorced. I am presently 62 years of age, unmarried, and have not yet filed for social security on my own earnings record. My social security retirement benefit will be greater than the social security retirement benefit my former spouse will receive. If I wait until my full retirement age before applying for social security retirement benefits, and my former spouse will be age 62 at that time, would I be eligible to choose to receive one-half of my former spouse’s social security retirement benefits (even though those benefits would be less than the benefit on my earnings record) and to defer receipt of my social security benefit until age 70? When reviewing some materials, they appear to indicate that I am not allowed to collect on my former spouse’s earnings if my retirement benefit on my earnings would be higher than that of my former spouse. However, other materials I have read seem to indicate that if I wait until I am at full retirement age before receiving retirement benefits I can at that time choose to receive one-half of my former spouse’s retirement benefit (even though it would be lower than my retirement benefit) and allow my retirement benefit to increase 8% per year until I am age 70. At age 70 I would then begin to collect on my own earnings record. Could you clarify the correct information for me? Thank you very much.
You are correct. If you wait until your full retirement age, you can choose which benefit to get. So you can collect the lesser amount, based on your ex-spouse’s record, and then receive delayed benefits on your own history at age 70, enhancing those benefits to 132% of what you would have received had you begun collecting on your own history at age 66. If you decided to collect before full retirement age of 66, then you would be forced to take the higher benefit, and couldn’t choose to take the lesser divorced spouse benefits.
Now, a word of warning — you aren’t the only one confused by the rules, and you may find that someone at social security administration tells you that you can’t choose to take the lesser benefit at age 66. Just ask to speak to someone else, or hang up and call back, until you find someone there who understands the rules.
My parents were married for 51 years when my mother passed away at age 73. My father remarried a little over two years ago (at age 77) to a woman (also 77) who had never been married. My father passed away in November. Is his new wife entitled to receive survivor benefits, or would they have had to have been married for at least 10 years?
Yes, she can receive widow’s benefits based on your father’s earning history. The 10-year rule would apply only if they had divorced before his death.
I am in a quandry. My first husband and I divorced after 18 yrs. of infidlities, that I found out about late in the marriage. He married someone 16 yrs younger and is currently 67. After the divorce, he made quite a bit of money, which didn’t happen while we were married. I even ended up going bankrupt because he was out of work for a year.
I remarried after 5 years and now have been married for 20 years. Fifteen years ago I was deemed disabled and collected disabilty form SS and disability from the company I worked for. I am 63 and this long term disabilty will end when I am 65. It is 2/3 of my income. My current husband never has made very much money and wants to retire but we don’t have the money required. I have high medical bills sometimes over $10,000.00/yr.
If I divorced my current husband, I would not be making approx.$13,000.00 per year. Finacially, would this
be better for me as far as all my health care requirements and qualifying for help? And then apply for my ex-husbands social security benefits? I do not have his social security number and don’t know how to get it. This is pretty desperate but I do not know how we are going to live. My current husband is 70.
I would appreciate any advise.
I doubt that divorcing now would help. You are getting SS disability, and until that converts to SS retirement benefits at age 66, you can’t collect divorced spouse benefits. I don’t know what your own retirement benefits would be at age 66, so I don’t know whether your own benefits exceed the divorced spouse benefits you would receive from either spouse, or the spousal benefits you’d receive from your current spouse. Perhaps that’s the $13,000 you say you are receiving now.
And I know nothing about your current health care benefits or the health care benefits you’d receive if you were single instead of married, either state or federal benefits. And those benefits are in flux, with congress continuing to discuss cuts and restructuring, so even that could change. But once you are 65 you will be eligible for the Medicare program, and that’s less than two years away.
What I do know is that not having your ex-husband’s social security number is not a problem, since social security has that information.
Here’s what you can do — you can contact social security administration and ask what benefits you’d be eligible for at retirement age based on your former husband’s earnings history if you and your husband divorced, and what you’d be eligible for on your own history. YOu can compare that to the spousal benefit you would receive (50% of his full benefits) to see what would give you more. And you didn’t mention whether your current husband is collecting social security benefits — if he is not, he should apply for them right away, even if he continues to work.
Thanks so much for the information.
Currently, I am collecting the 13,000.00 on my SS disability benefits. I am not in good health due to rheumatoid arthritis and fibromyalgia. My current husband is in business for himself and must pay all expenses, payroll taxes, etc. Together, our gross income is too much to qualify for help with medicine or medical expenses, which run high. I am on AARP Medicare supplement for health care. My current husband is drawing social security benefits plus working.
So, what I am understanding from your above reply, I should contact SS on what my retirement benefits would be at 66 for myself and what they would be from my ex. Would asking that question to Social Security jeopardize my future because of still being married? You said they can find ex’s SS number?
Should I call SS office locally or federally? Just want to get my ducks in a row.
If my ex husband who is now deceased remarried, who is entitled to his survivor benefits?
If you were married for 10 years or longer, you are entitled to surviving divorced spouse benefits. His widow is entitled to surviving spouse benefits. The $255 death benefit goes to his widow.
I was married over 10 years my ex-wife has remarried, but it has been less than10 years is there a time frame on her second marriage for her not to be eligible to receive my SS benefits? And if she does stayed married over 10 years and gets a divorce can she clam which ever benefits are higher?
Thank You!
If she has remarried, she isn’t eligible for divorced spouse benefits. If she divorces after 10 years, she can claim divorced spouse benefits on your record, her other ex-spouse’s record, or her own record, whichever is higher. None of this affects what you receive — your benefits remain constant, no matter whether she is getting benefits based on your earnings record or not.
My mom married a man almost twenty years ago. Within six months, they separated, but they never divorced. He recently passed away. Even though they have not been living together in almost twenty years, but were still considered married, would she still qualify for survivors’ benefits?
Yes, she is considered a widow by Social Security, since she was married to him at the time of his death.
I was married for 18 years. Have been divorced now for 6 years. My boyfriend & I just moved in together he has good medical insurance & i do not have any. We have talked about getting married so I can qualify for his medical insurance. Im am 43 years old have some minor health issues. What type of benefits will I be able to qualify for when I retire. Want to know which would be best for me.
When you retire, you will get social security based on your earnings record.
If you are married at the time you divorce, you could get spousal benefits equal to 50% of his benefits, if that is greater than benefits based on your own record.
If you are widowed at the time of your retirement, you can get widow benefits equal to 100% of your deceased spouse’s benefits, or your own, whichever is greater.
If you are divorced at the time of your retirement, you can get your own benefits or 50% derivative benefits based on any ex-spouse to whom you were married for at least 10 years.
I was married to a veterinarian for 11 years and divorced and remarried. I will be 62 in April. My question: Since my current husband makes less than my former husband would it be reasonable to divorced my current husband and collect from my former vet husband? Also, will the SS office supply me with the amount of money allowed to me if I can collect.
It is likely that the cost of divorce would exceed any additional social security benefits, not to mention the emotional and financial toll of dividing assets in divorce. You can ask the social security administration for an estimate of benefits. Go to http://www.ssa.gov.
I WAS MARRIED AUGUST 1968. DIVORCED AUGUST 1978. DOES IT HAVE TO BE THE EXACT DAY?
It has to be 10 years or longer — for example, if you were married on August 9, 1968 and divorced on August 8, 1978, you wouldn’t qualify for derivative social security benefits based on your ex-spouse’s earnings record.
Hi Ginita, I have learned alot reading your site thank you. My question is, I am a divorced 57 year old man. If I were to re-marry and then pass away in the next year or 2 would my new wife be eligible for my survivor benefits even though we are not married for 10 yrs prior to death ?? And if so, what percentage of my benefits would she qualify for ? Thank you
Yes, your widow would qualify for widows benefits based on your earnings history. She’d get 100% if she waited until age 66, and a reduced amount if she began collecting between 60 and 66.
you keep mentioning age 65 as FRA such as this case, do you know the age of the spouse? probably needs to wait to 66 for FRA. Also it sounds like this man is in poor health if he is asking what happens if he dies in a year or two, to collect the new wife must have been married to him for at least 9 mo. [with some exceptions] but the exceptions don’t apply if he was not expected to live at least 9 mo.
Thanks for adding this, McCall. And sorry about the typo — age 66 is the full retirement age for those born between 1943 and 1954. As for being required to be married for at least 9 months at the date of death, that is correct, but be aware there are many exceptions to that rule, including whether you have children together, you were receiving benefits based on someone else’s record at the time of marriage or were married to an institutionalized spouse who died,
I had a 10 year marriage that ended in divirce, then I remarried at 45 and was widowed at 54..
I have very litttle SS benefit on my own record because of being out of the workforce for 25 years.
If my ex were to die, when I reach full retirement age would I get 100% of his SS benefit.
Also wonder if I can get 100% of late husbands SS benefit.. I know its one or the other/not both.
Ex’s would be the greatest amount. I wish him well, so I am just curious in the event of his demise.
If your ex died, you’d be treated as a widow under the law (even though you weren’t married at the time of his demise) – so you could collect 100% survivor benefits based on whichever history gave you the most.
I have an interesting situation. My boyfriend has been married for about 11 years now however his wife “abandon” their home and left to Japan. He has had no contact with her since the day she left. He never got divorced because he had no way of contacting her for a divorce since she left. Now he heard from his mother that she is planning to come back in May. Does she have any right to collect these benefits?
Yes. As long as she is his wife she has the right to collect spousal benefits when she reaches retirement age. If they divorce, she can collect divorced spouse benefits at retirement.
Ginita hello. I was speaking with my cousin and she has a question for you if ok. She is age 62. Her husband died 4 years ago and she is still working full time. I told her she should be able to begin getting his SS benefit. The question is, if she claims as a Widow now would she get the MAXIMUM AMOUNT he would have gotten ( he would have been age 66 now if still living ) and his benefit would greatly pay more than hers….. or should she wait until she turns age 66 to maximize etc ?? Thank you for your assistance.
If she claimed widow benefits now those benefits would be reduced because she is under age 66. If she is still working, and she earns over $15,120, her benefits will further be reduced by $1 for every $2 she earns over that amount. You can analyze the situation based on her actual income and prospective benefits, but it seems to me she’d be better off waiting until age 66 to collect her widow’s benefits.
Ginita would that be age 65 or 66 better ?? Thank you
Gary, age 66 is the magic full benefit age, when you no longer get dinged for working.
I’m not forsure if I’m understanding this correctly. If I’ve been married for more than 10 years and I got a divorce and remarried. I can collect on my exspouses social security benefits when I retire even though I am still married to someone else?
No
Can the wife collect Derivitve SS Retirement if she is 66 and he is 53 or does she have to wait until he is of retirement age?
He has to be of retirement age (62) if they are divorced, but he doesn’t need to file to collect benefits. If they are still married, he must actually file to collect benefits before she can collect.
My mother in law is 85 been divorced over 25 years BUT married 30 years.. the ex husband died 20 years ago, can she collect back over those 20 years OR only go back 6 month and she loses all the rest.. she didnt know anything about these benefits available to her..
Thank you so much !!
I imagine they will go back only 6 months, but she will find out when she files. Be sure she does that ASAP. If they made an error (your mother in law had told them of her prior marriage when she applied for her own benefits, for example), maybe she can convince them to go back further.
If I was married for 8 years divorced then married the same spouse again for 4 years, does this count toward the 10 year divorced spouse rule?
Yes, I believe that it does count, and that the years married to someone don’t need to be consecutive.
Good I had the same question!
I am at 66 FRA age divorced,My ex-spouse is 59, working and want to delay SSA benefit until age 70…
People at SSA did not answer question, how ex-spouse delay reflects on my “maximized” timing when apply for my ex-spousal benefit?
1) At what time should I apply after waiting 3 years or 7 years if ex-spouse delays SSA benefits to 70?
2) What is name of SSA paper forms, download, receive ex-spousal benefits?
3) What is the paper form that stop receiving my own personal SSA earned benefits and start receiving my ex-spousal higher benefits?
4) Since divorce, who is responsible to report change of ex-spouse, examples; death or disability. How
do SSA ex-spouse benefit update information of ex-spouse life death status?
Thank you for answering these four questions
This very confusing SSA divorced spousal information
When can spouse start Social Security benefits?
Your spouse can start SSA benefits only on spouse’s earnings, at age 62.
However, your spouse can not start spouse’s benefit until you already started your own SSA benefit.
For a spouse to collect spousal benefits, she has to be at least 62 and her spouse has to apply for benefits or be collecting benefits. In other words, she can’t collect until he does.
1) At what time should I apply after waiting 3 years or 7 years if ex-spouse delays SSA benefits to 70?
His delay in collecting benefits doesn’t affect you. So you can begin collecting when he is 62, assuming that divorced spouse benefit will exceed your own. Otherwise, if you are collecting your own benefits, you’ll just continue collecting on your own record since that is the greater benefit.
2) What is name of SSA paper forms, download, receive ex-spousal benefits?
I am not aware of a paper form – most applications are done online these days.
3) What is the paper form that stop receiving my own personal SSA earned benefits and start receiving my ex-spousal higher benefits?
Contact the social security administration and ask that be done – I’m not aware of a form.
4) Since divorce, who is responsible to report change of ex-spouse, examples; death or disability. How
do SSA ex-spouse benefit update information of ex-spouse life death status?
SSA generally receives notice of the death from public records, but anyone else can notify them as well.
1) At what time should I apply if divorced ex-spouse delays SSA benefits to 70?
His delay in collecting benefits doesn’t affect you. So you can begin collecting when he is 62, assuming that divorced spouse benefit will exceed your own.
Please also advise, what time period is the 50%, ex-spousal, benefit comparison reference established?
I must wait until ex-spouse is eligible at age 62. Year 2016 SSA calculates the 50% reference amount
for ex-spousal benefit. Can I pre-estimate what is 2016 amount of a 50% benefit before waiting for three
years to apply at Social Security to receive a benefit comparison information
What is the time when the ex-spousal, 50% benefit is locked up as finalized comparison reference?
Thank you very much for sharing
I have been married for 15 and and we have been together for just over 16 years. My husband told me that he wanted a divorce and that his lawyer told him that I was only entitled to 40%. I have raised 2 children. they are in their teens. i Worked to put myself through uni. I am now being told that I should not have the kids and that I have never looked after them.We both looked after the children when I was at uni but until then I raised the children myself. I am also being told that I have not put anything into the marriage. He has blinded a lot of people with lies about me, I know this to be true as many have come up to me and told me the are sorry for believing what they were told about me. How much should I get and can I get spouse maintenance and when I was working and doing uni I had to take time off due to him being drunk and my concern for the children.
The worst person to take legal advice from is your soon-to-be ex. You need to see an attorney pronto and find out what your rights are. Good luck to you — don’t listen to him, find out for yourself.
If two people have been divorced for almost ten years, is there ANY reason one should need the other’s Social Security NUMBER to apply for benefits of any kind?? I’m NOT asking about the benefits, or the right to such. I am asking if an EX-SPOUSE ACTUALLY NEEDS THE NUMBER — can’t the organization (like SS) access that themselves? We are just very paranoid about “Identity Theft” and have no assurances of how carefully guarded an ex would keep this information.
If you are divorcing, you should keep your spouse’s social security number and your divorce papers, so you can prove to Social Security that you were married for more than ten years. Most people don’t have unique names, and social security will need the social security number to be able to ascertain which person by that name is your ex-spouse.
I am 63 years old and am collecting my social security. My husband is 53 years old and still working. We are in the process of a divorce. In July we will be married 21 years. Can I collect his SS now and what happens if he dies before he is 66? Can I still collect? He has a pension and I refuse to sign off on it, am I right by not signing off?
Thank you
You can collect spousal benefits once your husband applies for benefits on his own account, when he reaches retirement age. If he dies, you will be eligible for widow benefits.
You don’t say what you aren’t signing off on for his pension, so it’s hard to answer that question. For most pensions, the spouse will continue to receive benefits after the pensioner’s death, unless she signs documents at the time of the pensioner’s retirement.
I am doing this research for my mom, who was divorced from my dad over 30 years ago. She remarried, her 2nd husband passed away, and now she is collecting benefits based on his record. I believe my father (mom’s 1st husband) made much more money over his career than did her 2nd. So I will recommend she apply based on the 1st husband’s record. Only problem is documentation. She doesn’t have his SSN, and I don’t think he would provide it either to her or me (long story). How do we get around that? Thanks in advance.
Go ahead and contact Social Security, but I’m guessing that the widow’s benefits equal to 100% of her 2nd husband’s benefits will be greater than divorced spouse’s benefits equal to 50% of her first husband’s benefits.
Social Security Admin can look up your father’s social security number, with enough information about him (so they don’t confuse him with someone else with the same name). Your mom might need to prove that she was married to him for more than 10 years by providing a conformed copy of her divorce decree.
Thanks for the explanation. I didn’t realize widow’s benefits are a different percent than divorced spouse benefits.
It might be worth checking, in any case. Nobody except my father knows exactly how much made over his career–we could be in for a surprise…
He wants me to sign off so I can’t get any of it in our divorce settlement. And as I understand your answer to his social security, I will have to wait till I’m 76. And I won’t be able to receive widow benefits because we will be divorced.
Thank you for your response
In most states, a pension earned during the marriage is marital property and the non-employee spouse is entitled to a portion. If you are getting more of something else (such as equity in your house or funds from another retirement plan) in exchange for signing off that you won’t take any of his pension, that’s fine.
Back to social security, if he dies you will be entitled to widow benefits, which are called divorced spouse survivor benefits.
I am trying to get an answer for a friend of mine about her ability to collect a former spouses Social Security. They were married for 29 years and then divorced. She remarried at age 64 to a former british citizen (now usa citizen). He has no right to receive any Social Security benefits. Can my friend collect benefits from her first husbands social security. If not what would she have to do to become eligible? She does not have enough quarters to qualify under her own SS. If she cannot collect spousal benefits is there anyway she can become eligible for Medicare? Thanks in advance for your assistance.
Tony B
If she is married, then she is not eligible to collect on a former spouse’s social security. If she were to divorce, then she could become eligible to collect.
If the only thing preventing her Medicare coverage is not reaching the 40 quarter threshold for paying Medicare taxes during employment, she can still “buy-in” to Medicare coverage by paying a monthly premium to receive coverage under Medicare Parts A and B. Contact the nearest Social Security office for more information on this option.
Depends on who you talk to. I started collecting on my ex-spouse’s record when he passed away. I was age 68 and married. Was told it didn’t matter about being married because of my age.
If you remarry at age 60 and later, then you can receive a widow’s benefit.
marriage is an old ideal. all it creates is misery
I will be 70 in July. My husband, who will be 66 in August, plans to begin drawing his SS benefits that month. Will I be eligible to draw spousal benefits from his record at that time, also? I am currently drawing benefits from my first husband, but I know my current husband’s benefits would be more. Furthermore, if I am allowed to draw spousal benefits from him, will this amount revert to the amount I’m currently drawing if we should divorce after that time?
Yes, you can draw spousal benefits once your husband applies for benefits. If you divorce, and you were married to him for 10 years or longer, then you can continue drawing the same amount based on his record. If you were not married for at least 10 years at the time of your divorce, then you could draw your own benefits or your prior spouse’s benefits, whichever is more, just as you have been now.
Hi I was married to my husband for 1 and 1/2 years, then got divorce, then we got together again a few months later. We did not legally got married but still leaving together now for five years? In my state exist what calls Common marriage laws, so is like we don’t need the license to be husband and wife. Do we need the marriage license for my benefits of SS? So should I get married now again to get benefits and so he gets mine too?
Thank You!
Here’s what I found at the social security website:
Social Security follows the state laws. So, check the laws in your state. To get survivors or spouses benefits you generally must live in a state that recognizes common-law marriage. However, most states (even those that do not recognize in-state common-law marriage) will recognize a common-law marriage entered into in another state that does.
Hello!
My question is whether or not taking my retirement now, at 62, has any effect of what I collect from my ex husband if he retires at 66? i know that I will collect whatever the higher amount is, but does my collecting money now “freeze” the rate I can collect from him? Do I collect half of what he earns now, or half of what he earns when HE turns 66? Thanks!
If you begin collecting at age 62, you will get reduced benefits, so waiting until your full retirement age of 66 will give you a larger benefit.
Your reduced benefit will be based on his benefit based on his earnings record — as he continues working, his benefit may increase slightly, thus increasing what you get slightly.
I am 65. I started getting my spouse’s SS derivative benefit at the age of 62 and Medicare under his SS number at the age of 65. We’ve been married for about 5 years. I have three questions: 1. Shall I be able to continue receiving my SS derivative benefit and Medicare if we divorce before 10 years of marriage? 2. If the answer to the first question is “Yes”, shall I be able to continue receiving my SS derivative benefit and Medicare if he dies? 3. If the answer to the first question is “Yes”, shall I be able to continue receiving my SS derivative benefit and Medicare if I remarry?
Thanks
You are eligible for social security benefits and free Medicare Part A based on your spouse’s work history if:
• You are currently married and your spouse is eligible for Social Security benefits (either retirement or disability). In addition, you must have been married for at least one year before applying.
• You are divorced and your former spouse is eligible for Social Security benefits (either retirement or disability). In addition, you must have been married for at least 10 years and you must be single.
So if you divorce before 10 years, you won’t be eligible. But if you don’t divorce until you reach the 10 year mark, and you then remarry, your remarriage won’t destroy your eligibility since it occurred after the age of 60.
I started collecting my spouse’s reduced derivative SS benefit at the age of 62. I’m 65 now. If we divorce after 10 years of marriage, will the amount of my reduced derivative SS benefit become half of my spouse’s SS benefit?
Thanks
Thank you, Jinita! I’ve been getting my spouse’s reduced derivative SS benefits and Medicare A since the age of 62. Shall I lose it if we divorce before 10 years of marriage?
Does separation before 10 years of marriage affect the eligibility to derivative SS benefits at divorce after 10 years of marriage in PA?
Thanks
I was married over 10 years before divorcing.
I took my social security benefit early before full retirement age.
Would I be eligible for any benefit from my ex-spouse in the future should he become deceased?
Yes, if he dies you will become eligible for surviving divorced spouse benefits which will be equal to what he was eligible to receive, if that exceeds what you are receiving on your own record at the time.
Thank you so much!!!
I don’t think the Social Security rep explained this clearly.
I am currently 55 years old and eligible to receive surviving divorced spouse benefits at age 60. (My ex-husband passed away 8yrs ago at age 49). At age 60, would I be entitled to receive my ex-spouses full benefit amount, or just a percentage of the survival benefit (as my full retirement age is 66 and 8months)?
Survivor benefits can start any time between age 60 and your full retirement age. If the benefits start at an earlier age, they are reduced a fraction of a percent for each month before full retirement age. Starting at age 60 will give you 30% less than if you wait to your full retirement age.
I was recently divorced in November 2013,I was married for 23 years. We have always lived in California and we both still reside here. My question is.. One my divorce papers no where does it say I am entitled to half of his SS so does that mean I wont get the benefits (when he becomes of the age to apply?) Or does it not matter if divorce papers state that I’m entitled or not all I have to do is apply when the time comes?
Thank you
Your California decree doesn’t govern federal benefits, since it is a state documents. You are entitled to social security benefits if you qualify under federal law, no matter what your decree says.
Got it, thank you, that’s good to know.
I’ll make this short and sweet. I was married less than 10 years, not near retirement age, ex isn’t either, ex remarried, we have a child who is 11. I have a chronic illness, in the event of my death prior to the child reaching 18. does the child get any of my SS survivor benefits? If so, is there any protection so that the child actually gets it and not just a windfall for the ex? Thanks.
Yes, your child will be entitled to benefits. Those benefits are paid to the child’s guardian, who must show that they were used for the benefit of the child.
I am 61 years old, unmarried and drawing ex-spouse widow’s benefits (on my ex-spouse’s record) since January 2012 for a 19+ year marriage. As I worked thru August 2012, I was able to draw from July 2012 on those benefits.
I received a letter from SSA that as of May 2013, I was entitled to monthly disability benefits.
In said letter, it stated they were stopping my widow’s benefits because I will be receiving equal or larger benefits under my own record.
As I know several women who are receiving both benefits, I want to know why mine are being stopped. It doesn’t seem fair. He married within 3 weeks of his death and the new wife is not eligible to draw on his account. When did the rule change and would I be able to get a copy of the SOP stating such?
Generally you get your own benefits, or widows benefits based on your former spouse’s history, but not both. You can certainly contact SSA and ask them to provide you with the law behind it. You might also talk to your friends to pin down exactly what benefits they are getting and why, and whether they have any paperwork that might explain the rules under which they are getting their benefits. If you are correct about their benefits, knowing the rules under which they are collecting both benefits may help your case.
If my ex wife claims the 50% benefit she is entitled to, as her ex husband, will I receive my full benefits?
Yes, you will get your full benefit even though your ex-wife can collect divorced spouse benefits.