If you were married to your ex-spouse for ten or more years, then you are eligible for very important Social Security benefits that could drastically increase how much Social Security you receive each month. Who doesn’t want a bigger Social Security check each month?
No one, that’s right! So keep reading.
Even if you are divorced, you can claim something called derivative benefits based on the earnings history of your ex-husband. Derivative benefits are equal to one half of your ex-husband’s Social Security benefits. So, for example, let’s say that Don receives roughly $3,000 per month in Social Security benefits. His ex-wife, Samantha who was married to Don for 18 years before they divorced in 2010, is eligible to receive $1,500 per month in Social Security benefits ($3,000 / 2 = $1,500) if she waits until full retirement age of 66+ to collect. If she collects between ages 62 and 66, there will be a reduction for taking benefits early.
The amount an individual receives from Social Security is based on their average indexed monthly earnings during the 35 years where they earned the most income. In many cases, especially with older generations, a husband’s income will be greater than that of his ex-wife, and he therefore is entitled to a higher amount of Social Security.
After Samantha married Don, she quickly became pregnant. Over the years, she gave birth to three children. Samantha and Don decided that it made more financial sense for Don to work while Samantha stayed home to raise the children. During their prime working years, Don continued to climb the corporate ladder while Samantha earned no income. After her youngest child left for college, Samantha rejoined the workforce as an administrative assistant, but by the time she was planning to retire, her Social Security benefits were only $900 per month. Clearly, $1,500 in derivative benefits is a much better deal for Samantha than the $900 per month she would receive for her own benefits.
Of course, Samantha or any woman could choose to stick with her own full benefits. If, for instance, Samantha hadn’t chosen to stay at home with the children and instead opened her own PR agency and now could receive Social Security benefits of $3,000 a month, there’s no reason for her to take $1,500 a month in derivative benefits.
Your Derivative Benefits Don’t Affect Your Ex-Spouse’s Benefits
Samantha and Don’s divorce was amicable, and Samantha doesn’t want to “take” money away from her ex-husband through derivative benefits. She doesn’t have to worry. Whether or not she takes derivative benefits, Don will still earn his full amount of Social Security. If he remarries, his new wife will also be fully entitled to her derivative benefits regardless of what choice Samantha makes.
If you were married for over ten years, then when it is retirement time, you can ask the Social Security Administration to compute what amount of derivative benefits you are entitled to, so you can collect the maximum to which you are entitled. You can also visit this great divorce resource from the Social Security Administration or read more in our excellent archive of divorce articles for women.
523 thoughts on “Married for More Than Ten Years? You Can Collect Social Security Benefits From Your Ex-Spouse!”
I’m 62 and my ex-spouse is 48. We were married 21 years. Do I have to wait until he’s 62 to collect his social security? Also I was married before him for 10 years and he passed away a few years ago. Can I collect from both?
You can collect surviving divorced spouse benefits based on your deceased ex’s history, or your own benefit, whichever is greater. If you collect before age 66+, your benefit will be reduced in either case since you are collecting early. When your 48-year-old ex turns 62, then you’ll get survivor benefits, your own benefits, or divorced spouse benefits, whichever is greater.
I have been awarded disability at age 62 until age 65- than they switched me automatically to regular SS check. My ex husband and I were married 12 years, no children. I never remarried, he did and divorced. We are both over 70 when he dies will I get his full amount or only a portion of what he earned in his checks? Thanks, Sandra
When you begin getting regular social security benefits, you will get the greater of your own benefits or divorced spouse benefits based on his earnings history, which are roughly 50% of what he’s entitled to. When he dies, you will get the greater of your own benefits or surviving divorce spouse benefits based on his earnings history, which are roughly 100% of what he was entitled to.
I was married for 13 years and divorced. I remarried at age 36. My ex spouse died last year a month before he turned 62. I will be 62 in September. I was planning on signing up for my SS then. I may be headed for a divorce of my current husband and he is almost 53. If I’m no longer married can I collect my ex spouses SS? If so, would it be 50% or could I get survivor benefits? Are there any penalties that I should know about or should I wait to collect my SS at a later age?
If you are divorced, then you would be entitled to your own benefit or divorced surviving spouse benefits based on your husband’s earnings history, which are the equivalent of what he would have received if he had lived. If you are not divorced, then you can collect your own benefits, or spousal benefits based on half of his earnings history once he begins to collect.
If you begin collecting benefits before your full retirement age of 67, your benefit will be reduced because you began collecting early.
So if I start getting my own benefits when I turn 62 in September but am not divorced yet at that time, can I get the survivor benefits when the divorce is final? Is it best just to wait until the divorce is final?
If you get your own benefits at age 62, they will be reduced because you are collecting early. Once your divorce is final, there is a one-year waiting period and then you can collect divorced spouse benefits based on your ex spouse’s earnings history, if those benefits exceed your own.
You stated that there is a one year waiting period after my divorce to collect survivor benefits of my deceased ex husband. Do I wait for that year to be up before signing up, or since it takes several months to start getting it, do I sign up a couple months before the year waiting period? Thank you!!
You may have misunderstood the information. Apply right away at ssa.gov. When you talk to the representative, find out from them if there’s any waiting period.
Oh so once my divorce is final I can apply right away for survivor benefits, but then I may have to wait? But not necessarily?!
Yes, I don’t think that there will be a waiting period under these circumstances.
I have a few more questions I would like to pose to you. I’ve always heard there is a lot of red tape in trying to apply for survivor benefits for the social security of the ex spouse. Grant it, I heard that from an aunt but it was years and years ago. But, based on that and I have looked at all the documents that are needed and the questions they do ask. How does one go about getting them ALL the information that is needed? For instance, I wouldn’t have access to the previous years earnings of that ex spouse. I don’t believe he worked that last couple years of his life because he was getting a pension, so is that even something to worry about? But the main things needed (birth certificate, death cert., marriage cert., and final divorce decree) all that is available. And is there a time limit that the ex spouse’s social security has to be applied for after his death? You stated there is a one year waiting period after my divorce would be final that I would have to wait, but would I still be able to apply after waiting that year? Also, another thing they ask is how, when, and where did my current marriage end. Well, the when and where is easy, but what do they mean by how? I know maybe I’m asking silly questions, but I just want to make sure everything is in order so there are no complications. I appreciate all the help and advice you give.
You can collect surviving divorced spouse benefits as early as age 60 (they will be reduced because you are collecting early, so if you can wait, do so). You don’t have to keep track of your deceased ex-spouse’s earnings under social security — they have that in their records. You may be asked to show your divorce papers to prove the date of the divorce or the marriage. You’ll get the benefits a few months after you apply, there’s no expiration on how long you can wait to apply. Marriages end in one of two ways: death of one of the spouses, or divorce.
Can you please help clarify what I may be entitled to when I reach retirement age? My first marriage lasted 24 years, we divorced in 2009. I remarried in 2011 and I am going through a divorce now making that 2nd marriage last 11 years. My first husband passed away in 2013. I was a stay at home mom my first marriage however I have had steady income since then. My question is, am I entitled to social security benefits from my first husband or second husband or both? And when would I apply for them? I am currently 57 and self employed. My first husband would be age 59 if still alive and my 2nd husband is only 47 yrs old. Thank you for your advise!
Once you are of retirement age, you are entitled to benefits based on your own earnings history, or, if you are single at that time, surviving divorced spouse benefits based on your first husband’s earnings history, whichever is higher. If you are married at that time, you’ll be entitled to your own benefits or spousal benefits once your spouse begins collecting social security benefits.
My husband and I have been married for 41 years and we have been informally separated for 12 years due to infidelity. He has been living with his mistress since then but neither of us has filed for divorce as far as I know.
I began collecting my social security benefits at 64 but he is 4 years younger than I am. He’s trying to collect disability and I would like to know about my benefits. When I initially applied for retirement benefits, I was asked to provide his social security number which I did. My question is does social security automatically assign benefits to me or do I have to put in the request for spousal benefits even though we have been separated?
To collect social security spousal benefits, your spouse must have begun collecting benefits, and the spousal benefits you are entitled to must be greater than your own benefits. So once he begins collecting you should ask them to make the calculations and give you the highest benefit you are entitled to, your own benefit or spousal benefit based on his record. They should make that calculation automatically, but I wouldn’t trust them to do it, if I were you. I’d make the request. And Social Security doesn’t care if you live together or are separated or anything in between. You are married until you are divorced, period, in their eyes.
If I filed for divorce 6 months before the 10 year mark, but the divorce is still pending 4 years later, am I entitled to my soon to be ex-spouses SS benefits?
You are entitled to divorced spouse benefits since you have been married for 10 years or longer. If he dies before your divorce is final, you will be entitled to widow benefits.
My mom and dad were married more than 10 years. Dad married wife #2 for less than 10 years. Married wife #3 for year and half and he passed away due to heart attack from a prescription that ended up being recalled at age 44. My mom’s been married to man 20+ years. Mom is 60 and had to retire early due to health last year. Her current husband is in his 50s. Would mom be able to collect from my dad? Not sure how that works as he passed at an earlier age. Also not sure if that#3 wife he had would be able to collect if so too or not. She is in her 50s. Thanks
Since your mother is married, when her husband begins collecting social security, she will be able to collect spousal benefits that are the equivalent of 50% of what he’s entitled to, if those benefits exceed her own. Meanwhile, once she is 62 she can collect reduced social security benefits based on her own history, or wait until full retirement age of 66+ and collect full benefits. Since she is married, she cannot collect surviving divorced spouse benefits based on your dad’s earnings history. Your dad’s third wife can collect widow benefits once she is at least age 60 (reduced benefits then or full benefits at 67) as long as she is not married to someone else at the time, or if married, remarried at 60 or older.
I have a question because some people say I can and others say I can’t and if you don’t ask the right questions you can’t always get information. Here goes: I was with my ex husband for a total of 12 years. We were married for 9 years and 11 months. Married on July 31st, 1990 and divorced June 30th, 2000. Its been 21 years since the divorce and neither of us have remarried. I became disabled in 2004 and finally got my disability through in 2008. I didn’t know that if I could even collect on his social security at that time nor would I have because I thought it would take away half of his retirement or if he became disabled later on. When asked I told the social security that I wanted to collect my own knowing he would have more coming in than I would but I was okay with that. What I would like to know is if he passes away before I do, will I be allowed to collect widows benefits? I’m 60 right now soon to be 61 and he is 61 soon to be 62. Another question I have is since I refused his income at the time I became disabled and now learning it wouldn’t have affected his earnings which I was not told at the time, would I even be able to collect his now? I am curious as to how that would work?
First of all, you cannot choose between your own retirement benefits or divorced spouse retirement benefits. Social Security must pay you the highest benefit to which you are entitled. And that benefit would be your own, under your own earnings record, since you and he were not married for 10 years or more. That means you are not entitled to divorced spouse benefits while he is alive or surviving divorced spouse benefits after his death.
I’m 60 and disabled 56% from 9 levels fused in my lumbar & cervical spine.
My SSD check with a tiny pension is only $1,300.00.
My husbands combined SS & pension is $6,000.00/month.
I can’t get a rent because the new “rule of thumb” is you have to have 3 x’s the amount of the rent.
I can afford to stay in our paid off cape on my SSD check.
Paying $1,000.00 just in rent will wipe me out, IF I could find one.
Why am I being told I’ll have to move out, when he actually qualifies to get a rent, plus he can move easily, he’s not disabled at all.
He plays tennis every day.
What do you suggest for my situation?
He has been gaslighting me by stealing my medication, drop foot brace, money, custom orthodics. (My son age 26, who lives at home can attest to this behavior)
Preventing me from leaving the house, is ABUSE.
Abuse seems legal in Connecticut, because I went to a therapist and reported it all to an “In-take” person. She called local town abuse agency. 3 weeks later… nothing.
I am screaming for help to lawyers, therapist, Social Services, Domestic Abuse line(s) and nothing.
Filing a restarining order makes a narcissist do worse, plus, I was also warned, “it most likely won’t stick because he hasn’t been physical.”
That advice is very weird.
10 attorneys said “I do not want to get involved.”
DOMESTIC VIOLENCE says “that’s sounds awful, I’m so sorry.”
I don’t know the laws of your state, but in most states he would be required to pay you support so you can afford to live, given the difference in your incomes.
My sister was married for 23 years and stay at home mom. In 2006 she back surgery. In 2009 she got divorced. She now is 58 and is on SSI. Her ex husband is now 62 and filed for SS. Does she still have to wait until she’s 62 or can she now file for SSD she is disabled and can not work.
If she is disabled and unable to work, it is my understanding that she can file for SSD (social security disability) at any age. Once she is age 62, if social security retirement benefits would exceed what she is getting for SSD she can convert from disability payments to retirement benefits. Once she is of full retirement age 67, the disability benefits will automatically convert to retirement benefits. And of course, once she is receiving disability or retirement benefits, it will reduce or eliminate the SSI (social security supplemental income) she is receiving.
I’m 57 yrs old and collecting social security disability. My husband is almost 70 yrs old, we’ve been together for a long time, but we are separated for how many years now. But we are not legally separated or divorce. He is now receiving social security 5 years ago, and ask him the half of his payment and he had no reply or ignored me. Am I entitled to to his social security?how can I get the half of his social security and can I get what he didn’t give for five years? What should I do? I hope you can help me. Thank you so much
In order to get support based on his income, you probably will need to file for divorce or legal separation and petition the court to award you support. I don’t know about your state, but in many states support is not retroactive to a date before you file your petition, so you wouldn’t get back support based on the payments he has been receiving for the past five years.
Once you are age 62 or older, you can file for reduced social security retirement benefits based on your own earnings history, or spousal benefits based on his earnings history, as long as those benefits exceed what you are receiving from social security disability. If they do not, then you can receive the social security disability payments (assuming you still qualify as disabled) until you are of full retirement age 67, and then receive full retirement benefits based on your own earnings history or spousal benefits based on your spouse’s earnings history, whichever is great. Don’t worry, social security will do all the math and calculate which is best for you.
If you remarry, you cannot collect divorced spouse retirement social security benefits based on your former spouse’s earnings history when you reach retirement age. Instead, you will be eligible for spousal benefits based on your current spouse’s earnings history once they retire. The only exception to this is that if you are at least 60 at the time you remarry and one of your former spouses dies, you can collect surviving divorced spouse benefits based on his social security benefits, as long as those benefits exceed benefits you are getting based on your own earnings history or that of your spouse.
I am 65 years old, I was married in Tennessee from Sept 1998- July 2008) married & resided there.. We bought a house in July 1998, lived together & then got married September of 1998….. at the time of our divorce I wasn’t thinking clearly.. we had a special needs child together my husband had been cheating & using drugs.. he left in 2002 right before our son turned only 4 yrs. old & just a couple mo. later I found out I had cancer, it took 6 yrs for our divorce to finalize, our son has been with me & I have raised & taken care of him for 22 years he is deaf & has Down syndrome, he hasn’t seen his father since he was 12years old when his father left bruises on him.. our son is on SSI disability and I am also on SSI disability.. I had been married before this marriage & had other children all grown now. I was a housewife, homemaker with children since I was first married at 16, my previous marriages all lasted under 10 yrs. I’ve been alone raising our son since our divorce in 2008. My question is .. what would our son be entitled to when his father should pass away.. His father has serious medical problems and is on disability now so our son gets a small portion from his fathers SS disability benifits on his SSI check.. His father remarried for the 5th time and had another child, his other children from a previous marriages are grown & one has passed away, I am wondering would our son receive more than what he is receiving now in SS benifits and would I have a chance in receiving anything?
A child can receive up to half of the parent’s full retirement or disability benefit. If a child receives survivors benefits, they can get up to 75 percent of the deceased parent’s basic Social Security benefit. If the child is disabled, your benefits as parent can continue as long as the child is eligible for benefits. The family maximum payment is determined as part of every Social Security benefit computation. It can be from 150 to 180 percent of the parent’s full benefit amount.
What about spousal social security?
Once your are of retirement age and eligible for social security retirement benefits, you can receive the greater of your own benefits or spousal benefits based on his earnings record.
I can’t even get SSI, I’ve been denied multiple times, it’s a battle even though they have all my records on my health. Thank you for your time
Hi, I’ve been married over 20 years been separated since 2010, he’s now collecting his social security. I don’t work haven’t worked since 2009 due to health issues, I don’t get anything from social security cause of my age I’m 46, can I collect on his social security at this time, I need some assistance in this matter please, like if I can what do I file?
Once you are of retirement age 62, you can file for social security retirement benefits. They will be reduced unless you wait until full retirement age of 67. You cannot collect social security retirement benefits at 46, because you are too young. There is nothing you can do to file. If you are totally and permanently disabled, you may be able to apply for social security disability payments. You would need to contact social security to get that application going.
yes i was wondering my father passed away last Aug he was born in 63 him and my mother was married for 18 yrs then divorced this year. he already got his early retirement and my mother already draws disability, would she be able to draw anything off my deceased father. he was in I.B.E.W union but didnt pay his dues for a while but he did cash in his retirement
She is eligible for widow’s benefits for social security retirement based on his earnings record if those benefit exceed the amount that she is currently getting. She should contact social security to find out what she is entitled to, and they can make the calculations necessary.
Can i collect from my husband we have been married for 12 years and still are married im 37 and he is 37 i collect ss full benefits for blindness can i collect from him while we are still married
Once you are both of retirement age and he has begun collecting social security retirement benefits, you can switch over to spousal social security retirement benefits if those exceed what you are getting.
I receive DAC benefits from my deceased father’s Social security.
Recently, I received a letter stating that my amount would be reduced due to someone else on the claim. I’m sure that it is his ex wife. Is it correct that my benefits would be reduced in order for her to collect?
I’m not sure if she is too young to collect her own full benefit, which would likely be higher than what she would get from his. He died 20 years ago and she kept working all those extra years. So once she is old enough and collects her own benefits, would I get the money added back each month?
Also, my mother recently retired. Would it be beneficial to collect from her account instead (if the amount were greater) or would it take away from her benefits like the ex wife did mine? I would hate to cost her anything. If I inquire, is it an automatic switch?
Thank you in advance for any answers you can provide.
It is likely that social security has already make the computation of what record provides you the higher benefit, but you can ask them to be sure. The combined family maximum is used when a person such as yourself qualifies for auxiliary benefits on more than one worker’s record, in your case, both your mother and your father. Your benefits are determined based on the work record of the worker, your mom or your dad, that will yield the highest benefit amount. The family maximum is determined based on the sum of the family maximums established for each worker’s record.
I am 64 1/2, unmarried, started receiving a rather small 100% SSDI at age 55 from my own earnings record, was married over 18 years, then divorced. My ex is now 68 and retired and used to earn about 5 times more than I did, a huge salary for a long time so usually paid the max.
Now I have the question whether I could switch from my small SSDI and try get the likely higher spousal benefit based on my ex-spouse’s earnings.
Also, would it require mandatory withholdings?
Ask Social Security to make the calculations to see. There are no mandatory income tax withholdings from Social Security retirement benefits.
I got married February 2006 and divorced Mat 2016. The I got remarried to husband #2 Nov 2018. I’m applying for disability, I’m 33. I was asked about husband #1, I’m not sure why?
If social security asked you about prior marriages, it was probably to get up-to-date marital information into your file. Once you are of retirement age, you will be eligible to collect retirement benefits based on your current spouse’s earnings history or your own, whichever creates the highest benefit. But if you are no longer married at that time, you will be able to collect the higher of your own benefits or divorced spouse benefits based on Hubby #1 or Hubby #2.
I was married to first husband for 30 years got divorced I remarried and was only married 5 mouths second husband past away can I collector first husband s s if he past away
Yes. Once you are at least age 60 you can collect social security widow retirement benefits. If you wait until you are full retirement age of 66+, you can collect full benefits, equal to 100% of what he would have gotten if he’d lived.
I was married to my-husband for 11 years I have recently applied for disability benefits though I’m pretty sure they will deny me since they make it almost impossible to qualify the first time around…my ex-husband has a girlfriend but not married will he still be entitled to half we are both 33 and I remarried 2 years ago
Are you asking if he gets half your disability benefits? No, you are divorced, those are your benefits when you get them.
I understand the 10 year rule, but my question is, is this 10 years based on the date of filing for divorce, or on the date of finalization of divorce. I can’t seem to find the answer anywhere. My ex filed the divorce 3 days shy of 10 years on a Friday (when Monday would have been officially 10 years), but the process took more than 15 months, so am I, or am I not entitled to this benefits? Thank you for your advice.
If you are talking about the rule for social security retirement benefits, the ten years is measured from date of marriage to date the divorce is final. Social security folks couldn’t care less about when you filed for divorce or whether you lived together. They just want those two dates.
I am 60 and my ex-spouse is 52. His income has been significantly higher than mine, as I was a homeschooling, stay at home spouse, military spouse for the 19 years of our marriage that ended 7 years ago. I have received conflicting information about SS benefits and his income. My alimony ends in two years (age 62), as I think the retired military Judge assumed I would be able to collect SS. I thought I would at least be able to collect a benefit relative to his earnings history, since delaying may not be an option for me due to loss of my workplace and job, due to Covid-19. I have been told my prospects are dim in my health related field for quite sometime. Does he have to be 62 for me to receive an ex-spouses benefit? If I claim at 62, can I begin to receive increased benefits, based on his income, when he is 62? Thank you
You may collect full benefits based on your own earnings account at age 66+. If you choose to collect reduced benefits instead, you may begin collecting as early as age 62. Once your former spouse is 62, you can collect divorced spouse benefits based on 50% of his earnings history, if those benefits exceed your own benefits.
I have a similar question and just want to confirm what I think you are saying. I will be FRA in October 2021. My ex will be 62 eight months later in July 2022. I would like to apply on my own record at FRA but I know 1/2 of his benefits will be more than I will get on my own record. Will I still be eligible to receive benefits on his record in July 2022 (when he turns 62) if I take my benefits in October of 2021? (i.e., don’t want to jeopardize collecting on his record by taking on my record before I am eligible to apply on his record.)
Yes, matter of fact, that’s exactly what my mom did. She collected on her own record for a year and a half until my dad turned 62, and then she switched over to her own. And the good thing is that you don’t have to do the switch, social security will make the switch automatically once he is 62, as long as you tell them that you were married to him for 10 years or longer when you apply.
Thank you for your help. I really appreciate your service.
I was incorrect as to the end of alimony, which extends to when I am eligible for Medicare. Hoping to be able to hold off on SS claim until at least then, but health insurance premiums are a big issue.
I was married for 9 years and 4 months and my ex husband and I were living together in Texas for 5 years prior to marriage and bought land together that we lived on. Total time together 14 years 4 months in Texas. So with Texas having a common law marriage and we bought land where we lived for 2 years prior to the ceremony marriage, does that mean I can add those 2 years to the 9 years and 4 months? Could I receive half of his social security at retirement? I never remarried and he makes significantly more than I do.
You’ll need to contact the Social Security Administration at ssa.gov and get the procedure for proving that you were common law married. Then you’ll need to fill out the paperwork and submit the various documents called for, including sworn statements from witnesses.
I was married to my ex-husband for 10 calendar years, (if you count months, it was 9 years and 7 months).
Could I still collect his social security benefits? Could you help me with this?
Since you were married to him for less than 10 years, you are not eligible to collect divorced spouse benefits based on your former spouse’s earnings record.
If my ex husband and I were married for 36 yrs, can I start drawing his SS benefits now that he is 62 yrs old?
I just called the SS Office and was told that I cannot draw on his SS benefits UNTIL he starts drawing his SS.
To me that doesn’t sound right.
Please help clarify for me.
I am 62 yrs old now going on 63 next week. My ex will be turning 62 in 2 days from now but still alive.
Once both you and he are of retirement age 62 or older and he begins drawing benefits, then you can draw spousal benefits on his earnings record if those benefits exceed your own. Until then, you can draw benefits based on your own earnings record, but your social security retirement benefits will be forever reduced because you began drawing before full retirement age of 66+, so you might want to wait to begin drawing benefits.
Hi I’m 61 I will be 62 in July I am getting disability. I got married in June of 1979 my husband Will be 64 we have been separated since 1985 he Lives in a common law state with someone else his income was much more than mines am I entitled to any support from him?
Ask an attorney what your state laws provide regarding spousal support. In general, each spouse has a duty to support the other, so if your income is not sufficient for you to maintain your lifestyle, and he has considerably more income than you do, then you could ask for him to pay you support.
My aunt is 84 and her spouse is 86. They have been married for 62 years. Sadly, their marriage is on the rocks as her husband has decided he wants to leave his half of their estate to his young mistress. They both receive social security benefits, but my uncles is 3x that of my aunts. If they legally separate rather than divorce, can she still apply and collect benefits? If so, I assume it will be 50% of his and this will replace her current benefits or are these combined with her current? Also, once he passes away will she be able to collect 100% of his benefits whether they were separated or eventually divorced? Thank you.
Since social security pays the greater of her own benefits or an amount equal to 50% of his normal benefit, she likely is already getting as much as she is entitled to, whether she be getting spousal benefits or divorced spouse benefits. So one would expect that her benefits would be half of what his are, but you say the discrepancy is greater. That could be because she started collecting benefits before full retirement age, or he waited beyond full retirement age, or she is having more withheld for Medicare insurance premiums than he is, or she is having more withheld for income taxes than he is. She can check with social security to be sure she is getting the maximum possible, if she doesn’t believe any of those are true. Once he dies, she can get full benefits under his earnings history, not just the 50% she is entitled to now, whether she is a widow or a surviving divorced spouse. In short, it doesn’t matter whether she is divorced or single or legally separated, she still gets the same amount.
Hello, I was married to my ex-husband for 12 years. During the divorce settlement, he stated that he didn’t want me to collect from his social security. Can a court order prevent me from receiving part of his ss retirement benefits?
Social Security is by operation of Federal law, and the feds don’t give a rat’s hiney about what your husband wants or what your divorce settlement filed with your state provides. He and the courts cannot prevent you from getting what is yours under Federal law, and it shouldn’t be an issue for him since it doesn’t reduce what he gets or anyone else collecting on his earnings history gets.
I have a Question I’m now 66 and got off of disability and starting social security from my ex-husband of 12 year’s of marriage I wasn’t aware that I could draw from his at age 62 so can I go back from 62 and get all that back pay?
There’s no back pay to collect. Your disability probably exceeded the amount you’d be eligible for, so you received the disability instead of the social security. And secondly, if you had been able to get benefits at age 62, your benefits now would be about 30% less than they are because you would have started collecting before full retirement age.
My husband was receiving disability and I think he now receives regular SSI. He is 73 yrs old and has alot of health issues now. If something were to happen to him would I be eligible to receive any benefits from SSI? I am 55yrs old now, and currently work outside the home. I went down to part time so I can still take care of him. We have been married for 18yrs now. What would be my options if he should die?
I’m guessing he’s receiving Social Security retirement benefits. If he dies, you will be his widow, and as such you are eligible to receive SS retirement benefits based on his earnings history if they exceed your own benefits. You can receive reduced benefits as early as age 60, or full benefits equivalent to what he was getting at age 66+.
I filed for my SS at age 62. I thought I was divorced from husband of 16 years. I brought my marriage certificate that they required . They also wanted my divorce decree. I called the county in CA where the divorce was taking place. I was told that there was no “Final Divorce Decree” County agent said I was still technically married to him.
Without knowing I was still married I married a man, lasted about a month or so.. So my question is, Being I was still married, that second marriage should not even hold.
Please tell me legalities on this.
As far as social security is concerned, you are still married to Husband #1, which is what they told you, it sounds like. So in order for you to get spousal benefits based on his earnings history, he would have to have applied for social security benefits. If you and he had been divorced, there would be no such requirement.
If you are asking for the legalities of your second marriage, I don’t know. I know you can’t be married to two people at the same time, so if you weren’t divorced from Husband #1, I don’t see how you could be legally married to Husband #2. But I’m not an attorney and I don’t know the laws of your state, so more than that I can’t tell you.
I was married to my ex for 29 1/2 years. He remarried 15 yrs ago. He recently passed away. I collect ssi. He was collecting it also. Would i be able to collect part of he’s SSI.i get 852.00 a month he was collecting more. We both are in are 70s.
I’m guessing you mean you both receive Social Security retirement benefits. You will now be treated just as a widow is, and you will be eligible to receive your own benefits or a benefit based on 100% of his earnings history. I’m guessing that will result in a greater benefit for you each month. You can contact Social Security to let them know your former spouse died. If you don’t contact them, they likely will put two and two together and start paying you the higher benefit in a few months, as well as sending you a check for the increased amount you were entitled to since his date of death.
Me and my ex-husband are immigrants and got married overseas in 1998 (1 child). We came to USA in 2009 and my ex started working and paying SS.
We got divorced in 2012. He paid SS around 3 years before we got divorced. But we were married for 14 years in total. He is still working and putting into SS (I never paid SS).
Can I still collect of his retirement SS as ex spouse even if he just paid into SS for 3 years before divorce?
Yes, as far as I know, since you were married for 10 years or longer.
I was married for two years to my first wife when I started our divorce. She fought in every way possible. She had two babies during the time of our legal separation and still fought me. I too started a new family during that time. She finally gave in right at the ten year mark and I’m starting to wonder if it’s because she knew one day she would be entitled to my benefits. I never understood why she kept holding it up and fighting me. Costing us more and more on lawyers when she was settled having children with another man. Because the divorce was not finalized until just after 10 years( about 2 months after) is she entitled when she turns 60? Even though the divorce had been in the courts for 8 years waiting to be finalized? If she can collect what does that mean for myself, wife, and children now?
At age 62 she can received reduced social security benefits, or wait until full retirement age of age 66+ and collect full benefits. What she will receive is based on her earnings record or 50% of your earnings record, whichever is greater. It doesn’t reduce what you get or your new family when you reach retirement age.
I was married to husband #1 for 3 years (‘84-‘87) and he never worked. Married husband #2 on 11/14/1991 and was married to him until 4/5/2016 when we divorced. He was ordered to pay me $204 per month in support for 7 years. We had separated (not legally) on Dec 16, 2009. I had been diagnosed with cancer in 2006 and due to complications from radiation/chemotherapy I was not able to work. I had been working at my ex-husbands business (dba/sole proprietorship) since 1999 and not taking a pay (bad move in my part) so when I signed up for Social Security in 2010 I didn’t qualify. Medically I qualified for SSI which started in August, 2010. My ex has since remarried. I am now 55 years old and was wondering how his Social Security would be figured for the time he was self employed and if I am going to be able to get derivative benefits from his income for the time we were married or is it his total income at retirement age?He is currently working and is 57 years old.
You were married to him for 10 years or longer, so you will get divorced spouse benefits based on his earnings record (including his years of self-employment). Those are the equivalent of half of what he would receive on his record. If you commence social security retirement benefits before your full retirement age of 66+, your benefits will be reduced.
I am 63 YO. I was married for 22 years (7 years separated but still married). My ex is drawing social security disability I believe. He is 65 YO. Can I draw social security on him now and still work and then draw on my own social security when I retire?
If you begin drawing social security before age 65, the amount you get will be reduced for you drawing before full retirement age, and further reduced by 50 cents for every dollar you earn over about $18,000. So if you are working, you will likely be much better off waiting until full retirement age of 66+ to begin getting payments from social security. When you do apply, they will pay you the greatest amount to which you are entitled, your own benefits or divorced spouse benefits that are the equivalent of 50% of what he is entitled to. You don’t make a choice – you get the highest benefits. So you can’t take his and then switch over to yours.
Divorced after 9 years and 8 months. Lived together for 23 years. Am I entitled for half of his SS benefits when I retire?
You can collect social security retirement benefits based on his earnings history if you were married for 10 years or longer. You were not, so you cannot.
In order to qualify for divorced spouse benefits your marriage must have lasted at least 10 years. Yours did not.
I currently am on SSDI and divorced. I was married for 18 years and know I will receive 1/2 of my ex husband retirement. He is a public safety officer that is entitled to retire when he has worked 25 years. This will be in about 2 years. My question is will I lose my SSDI when I start to receive my ex’s retirement? How does this work. He is only going to be 50 years old and I will only be 48 years old when we can start receiving his retirement based on a police officer’s/firefighter’s retirement rules of one can retire after 26 years of working. I cannot find anywhere what it says about what will happen to my SSDI. I have been struggling to live on my SSDI wages and he and his new wife are able to go on vacations and own their own home. I worked enough hours to receive Disability not supplemental income. I trusted him to be with me and help me live and he left me. 5 years later I am struggling and waiting for his retirement requirements to begin…so I can start to live my life again and have my own things again. I do not get alimony from him anymore. Not married. I am worried I will not receive both my SSDI income and 1/2 my ex’s retirement. What will happen?
I don’t know whether SSDI is reduced if your income increases, but the social security people should be able to tell you that.
hi Ginita , I am 57 and become on disiblity recently . I am Widow also my husband past away 6 years ago
can I apply for Widow benfites or his ritrement ?
Once you are 60, you can ask social security to see if reduced widow benefits would exceed what you are getting from disability, and if so, you can switch over. However, it may be that waiting until age 66 to make the switch and getting full widow benefits then would be more beneficial.
My wife and I are separated now over 6 yrs married 15 i am 65 and receive partial social security benefits she turns 62 this year .Will i be able to apply for her benefits which will be much greater than mine?
Once she applies for retirement benefits, you will receive the greater of your own benefits or an amount equal to 50% of her benefits.
I was never married, have a child that is out of high school, my ex wants me to pay his college, I’m on social security disability, do I have to pay college expenses?
Most states do not require parents to pay for college.
I’m 53 my husband is 62 and we are both on SSDI. He does receive more money then I do. We’ve been married for almost 26 years. And I need a divorce. I don’t even make enough to get my own place. I also can’t afford a lawyer. I was reading that if I still can’t work because of my disabilities that a judge might order for my husband to pay me almost half of what he makes. So I can servive. Is this possible. Especially in Texas.
Been married to my husband for 12 years and now I receive disability. I have not seen him in 12 years. He is 65 and has a trucking company that I didn’t know about. I want to know can I draw any benefits from him. I am 52. We are still married.
When you are retirement age, you can begin collecting social security retirement benefits based on your own earnings history or spousal benefits based on his earnings history, whichever is higher, if that provides a greater benefit than your social security disability benefits.
Hi I’m Richard, 78 years old. I was wondering, because I had a federal job, Air Traffic Control for 28 years. My SS is very small because I was also in the Air Force for 7 years. I was honorable discharged because, I was in an accident and could not continue the Military. You can not double dip is what they called it. Can I collect off my deceased ex-wife’s SS? With my SS only being only $507.00 a month more would help.
Yes, you can receive benefits from your deceased ex-wife’s social security if you were married for 10 years or longer. But the benefits you are eligible to receive will be reduced by 2/3 of the government pension you received from employment where you weren’t paying into the social security system. So that may reduce your benefit to very little or nothing at all.
I’m on SSDI and he’s on SSDI. If we get a divorce can I get half of his SSDI. We have been married for almost 26 years. I’m 53 years old. And he’s 62. I need help. And I don’t make enough on SSDI to keep me afloat. I don’t even make enough to find a good divorce lawyer.
I believe that SSDI is paid to individuals, and not to former spouses. But you can check with Social Security to find out. If his income is much greater than yours, you may be eligible to receive alimony from him, depending on the laws of your state.
I was married for 19 yrs., I have not remarried and neither did he; my ex spouse recently died/63yrs., SS awarded me a minimal benefit as as ex spouse, of which I began receiving in March 2019. SS has now awarded me 50% as an ex widows benefit due to his death. I represented him along with his adult daughter and son at a SS disability hearing today.His children are all over 30 years of age, I am 65, disabled and the executrix of his will? The judge approved the back disability benefits. My question is: who or whom receives the back disability benefit payment, how is it distributed?
It seems to me that any back benefits would be payable to his estate, and so the beneficiaries named in his will would receive the benefits. But I’m not an attorney or an expert in estate matters, so I don’t know for sure.
I collect VA pension, can I still apply for derivative benefits from ex spouse?
If your VA pension is based on your earnings, then the derivative benefits will be offset by 2/3 of your pension income. If it is based on a disability, that may not be the case. Ask social security administration for guidance.
Hi I’m dating a retired military man he want us to get married , he was married 4 time . Am I intitial to military benifits?
You are not entitled to his military benefits since they were earned before you and he married.
Hello, i was with my ex husband a total of 12 years, only legally married for 5 yrs, before we divorced.
He passed away a couple of years ago, would i be able to collect on his S.S.
We had one child together and married five years after he was born if that makes a difference.
Since you were married for only 5 years before the divorce, you are not eligible for surviving divorced spouse benefits on his earnings record. Your child will likely be eligible for child benefits, if he/she is still a minor.
I am 76 and I have been divorce for more than 20 years, recieving SS benfits from my ex husband, I am a homemaker, I remarried 8 years ago. Can my benefits be recalculated and see if I can recieved a higher benefit amount?
You are entitled to the greater of your own benefits or your benefits based on your current spouse, whichever is greater. If your ex-husband dies, you will be eligible to change to surviving divorced spouse benefits if those are greater than what you are receiving, since you remarried after age 60.
Hi! I’m still married to my husband over 33 years , but we live separately. I’m 58 and he’s 67. He wants a divorce . He’s been working for the railroad for over 30 years. He is now retired since the age of 60. Will I get annuity? And at what age will I have to apply for a unreduced retirement? We both live with some one else right now and I’m not going to remarry. If he remarries and he passes, do I still get widow retirement?
If your state provides that a divorced spouse is entitled to a portion of retirement earned during marriage, then you are entitled to a benefit. As for as when you can get that benefit, you’ll have to find out what the plan provides for.
I was married and divorced twice to my deceased ex spouse for a Can you ad both marriages together for a total of 10 years?
You can add them together if the remarriage took place no later than the calendar year immediately following the calendar year of the divorce.
I have been reading everything I can, trying to understand if there is any way to collect my husband/ex-husband’s SS benefits. We were married for 8 years, 10 months when my husband had a serious accident with my son in the car and was arrested for drunk driving. I was threatened/advised by DFCS that if I didn’t divorce my husband I could risk losing my 2 children. Neither me or my spouse have ever been in any kind of trouble or considered divorce—but I was scared and we divorced. We moved and my husband followed 5 years later and we remarried. Unfortunately, after 3 years of marriage, he met someone and wanted a divorce, even though we promised each other that we would not go through that mess again but just separate and move on. I did not want the divorce and he filed in another state that he was living in. I never signed any divorce papers or agreed to the divorce and we jokingly thought we were probably still married as neither of us signed the divorce papers he had but they were signed by a judge. Years later we ended up living together again and it never occurred to me to get married again. I am so sorry to say I knew nothing of this 10 year rule. It seems so unfair that I was a stay at home Mom for so many years (so no income) and worked low paying part time jobs most of my life so I would be available for my kids. They are grown, He has passed away and all the money deducted for SS goes to no one? Aren’t there any ways to get an exception to this rule? Could a lawyer help? This seems so sadly unfair as we both worked very hard and he had a higher income than mine.
There are no exceptions to the rule that you must be married for 10 years to receive surviving divorced spouse benefits. Are you absolutely certain that your second divorce was final? Seems strange since neither of you took any steps to finalize it. Get a copy of the final decree from the courthouse where the divorce petition was filed and read it carefully.
I am disabled but not entitled to SSDI because I haven’t got enough points. I had not worked in 5 years due to taking care of my disabled Mother. My Mom died in 2007. I had a heart attack in May 2912 and was diagnosed as having CHF as well as severe Asthma. I applied for SSDI in June of 2012. I was turned down. My current age is 59. My husband is 72 years old and draws Social Security Benefits as well as a pension from his job. If he dies will I be able to draw any portion of his Social Security since I am not of retirement age?
Once you are of retirement age 62 or older, you can apply for reduced spousal benefits on your husband’s record. If he dies, once you are 60 or older you can collect reduced widow’s benefits.
My ex-husband and I were married for 25 years. I have remarried. Upon both of us reaching retirement age, am I eligible to receive any kind of benefits from him. He has been with someone else for the last 8 years, but they are not married. Does this mean that he could collect from me but I can’t from him? Thank you
You can collect benefits based on your current spouse’s earnings history, but not your former spouse. He doesn’t have a current spouse, so if divorced spouse benefits would exceed what he can collect on his own earnings history, that is what he can do.
I was married for 9 years and 11 months. I have been divorced for 5 years. Am I eligible for divorced spouse social security retirement benefits?
No, in order to get divorced spousal retirement benefits from social security, you must have been married for at least 10 years.
My husband died in 2014, left me penniless, homeless and without anything. We were married in 1999, and were still married when he died. I have just been told that I may be entitled to claim something, could you please let me know..l am living with my daughter and her husband and two children, so it is very crowded..
I am originally from England, and I do not have a SSN, he was the worker.
I have a TIN number, am I entitled to anything at all?
Thank you for reading…
At age 60, you can collect reduced widow benefits from social security, or you can wait until age 66 and collect full benefits. They do not pay more than 6 months retroactive benefits, so get in touch with social security right away.
If a spouse dies in an accident, will this affect the age at which the surviving spouse can collect benefits?
A widow can begin collecting reduced benefits as early as age 60, whereas a spouse has to wait until age 62.
I was married for 9 days under 10 years. Would I still qualify for my deceased ex husbands Social Security?
No, the rule is that you must have been married for at least 10 years.
I have a weird one. I’m in the middle of a divorce now, a amicable divorce. I’m 47 and receive SSDI of $1400 gross each month, he’s 56 and also gets a SSDI check for $900 a month. Would he be able to draw on my larger benefit $1400 per month once our divorce is final? I’ve stayed married to him for 15 years because I know he can’t live on $900 a month plus his health is really bad, heart failure, kidney failure, in a wheel chair due to Ankylosing Spondylitis so I took care of him for all those years but I’m no longer able to take care of him due to being disabled myself now and mentally I just can’t do it anymore, our marriage hasn’t been good for 10+ years, it’s been over for 10+ years but I stayed with him. I would feel better if he could draw off my amount while he’s still living. A disabled person can’t take care of another disabled person without it hurting them and taking it’s toll on the caregiver.
That’s a very difficult place that you are in. I don’t know the answer to your question, but perhaps you can ask Social Security about the disability laws. I think each you you draw off your own record, whether married or divorced, but I’m not sure.
I was was with my husband for 16yrs 12 of those married. I divorced him in 2010. I re married in 2013.. iam disabled I cant work . Can I apply for ssi from my 1st husband? . Still married but separated…
As long as you are married you cannot collect social security retirement benefits from Husband #1’s record. Once you are at least 62 you can collect benefits from Husband #2, if those exceed your own benefits or the amount you are getting from social security disability (if you are). And if you are divorced by then, you can collect based on Husband #1, or Husband #2, or your own, whichever is greater. The benefits you could get at age 62 will be reduced because you are collecting before full retirement of age 66+.
I am 66 and collecting my ss benefits starting at 66. I am wondering if I remarry can my new wife collect benifits off of my record? If I pass away does she collect off of my record?
Yes she can, as long as you were married for a year or longer.
I was married to my ex husband for 4 years and then we divorced. We had one daughter and over the years grew close again, and even bought houses next door to each other to make the shared parenting easier on her, and we remarried when our daughter was 15. We were married for 7 additional years before he died at the age of 68 (I had nothing to do with it! Everyone always makes jokes. He had complications from a minor surgery.)
My question is, do I qualify to collect under his social security as we were married for 11 3/4 years total, or does the 10 years you mention have to be contiguous rather than in total?
If you and he were married at the time that he died, then you are eligible to collect widow benefits.
If you were divorced at the time that he died, then you are not eligible. Since there was such a long gap between your two marriages to him, those years cannot be aggregated.
I am 42 years old and have been happily married to my husband for 22 years… he is 72.
We have no children.
He has been collecting Social Security since the age of 64.
If something happens to him do I get any of his SS benefits??
As his widow, you will be eligible to receive benefits based on his earnings history, which would be similar to what he is getting now.
But What about the fact I am only in my mid forties?
You can receive widow benefits as early as age 60, or earlier if you are caregiver for minor children when he dies.
I’m getting a divorce this year but I’ve been married over 10 years but we separated 1 year of married just didn’t have the money to divorce. Can she claim ss
Yes, you’ve been married for over 10 years.
I am 59 years old. I was married for 23 years, divorced and am receiving court ordered spousal support. Ex husband is ill and wants to apply for Social Security Disability. He said he can’t afford to pay spousal support anymore and said I can apply for his SS disability benefits. If this is true, can I collect at age 59 or do I have to wait until I’m 62? Thank you.
I don’t have expertise about Social Security disability payments, but I believe that to get disability you have to be disabled. Check with Social Security to see how this would work in your case.
I was married for 9 yrs and supported my ex husband and his daughter most of the duration of my marriage while he was unemployed getting his education.. i have never remarried and am barely able to survive on my income.. am i able to collect something from him?? He is now extremely successful and he has mot remarried wither..
If your divorce agreement provided that you were entitled to alimony if you needed it, then you might be eligible. If not, if your divorce occurred within the last year, you might be able to set aside any waiver of alimony. But if your divorce occurred some time ago and you waived getting alimony, then that’s what you did and you probably can’t get it now. You can talk to an attorney familiar with the laws of your state to see if there’s any approach that would work for you.
I am 55 and separated from my husband of 15 yrs. I collect disability and SSI, he collects ssd , am I able to collect from his ss ?
No, you cannot collect retirement benefits until he begins collecting them.
My ex and I were together for 11 yrs. We lived together for 5 years and were married for 6yrs. We had 2 children together during that time. (1970 – 1981) Is there any way I would be entitled to his SS. He passed away in 2003.
You were not married for 10 years or longer, so you do not qualify for benefits based on his social security record. If you had still been married at the date of his death, you would have qualified for widow benefits, if those exceeded your own. Social security has no interest in how long you lived together or whether you had children together.
Hello. Was married to my second husband from Sept. 1985 until his death in airplane accident Oct. 1990.
I remarried Sept. 1995. That marriage ended in divorce Feb. 2004.
I turned 66 in March of this year (2019) and want to file for SS benefits.
I have read and re-read the Social Security websites and don’t know for sure if the “10 year” marriage period still applies to my situation. Any help clarifying this for me would be appreciated.
The 10-year rule applies to your second marriage, and it sounds as though you were married only 9 years, so you cannot collect social security benefits based on the earnings record of Husband #2. But you are eligible for surviving spouse benefits based on Husband #1, if those benefits exceed your own.
My 1st husband passed away in 1992, he was 10 yrs older( if alive would be 70 now) , we were married 11 yrs. Our 2 children were receiving $900 per month each survival benefits. I remarried before I was 60 , now over 60 but divorced and still working. If I decide to retire at 62 from Reading your posts I am entitled to collect Survival benefits from Deceased husband. It’s my understanding that the $ 900 my children were receiving was 75% of the max SS benefit of $1200.00. If the max benefit amount was $1200 in 1992, How does SS calculate what the max survival benefits I could receive from husband #1 ?
There are complex formulas for calculating surviving spouse benefits, so it is best to ask Social Security to make the calculations rather than trying to make the calculation yourself.
Married for 14 years and we divorced. We remarried each other and have been for 9.5 years upon his death in Dec 2018. Will SSA allow me to claim his benefit since our most recent marriage is less than 10 years? Even though we were married to each other for almost 24 years? and we remarried each other?
The 10-year rule applies to marriages that end in divorce, not widowhood. So it doesn’t apply in your case.
Please clarify…is this article saying that even if I’ve been married and caring for my disabled husband for ALMOST 29 YEARS (while also raising our son), if we now got a divorce, I would be entitled to ONLY 50% of his s.s. income AFTER I TURN 66 YEARS OLD (and if I ask for it between age 62 and 66, I’D GET EVEN LESS, and if I ask for it BEFORE age 62, I SIMPLY CANNOT GET ANY OF IT)?!
This article is not about what alimony you might be entitled to when you divorce. Talk to an attorney who knows the laws of your state about that issue, if that is your concern.
This article about collecting your Social Security retirement benefits when you are retirement age. Those are your retirement benefits, not a share of his benefits. Under social security law, you can get reduced benefits at age 62, and full benefits at age 66+.
I been married for 15 years my ex husband is 55year old and he retired and gets ssi disability. I am 35 years old can I get some his ssi are I have to wait .
I don’t know much about SS disability, but I thought it was paid to the person who is disabled, and not to a spouse or former spouse. If that’s true, you could get it from SS if you are disabled.
I was married 14 years then divorced. Married again for 8 years and got divorced. I am 56 years old and dating for 4 years talking marriage. He 65 about to retire. Can I collect any benefits on my 1st husband he passed away 10 years ago? Also if I do eventually marry for the 3rd time would be eligible for any social security benefits. If yes, when?
Once you are age 60 or older, you may file for reduced surviving divorced spouse benefits on your first husband if you are not married at that time. If you are married at that time, then you will not be able to collect surviving divorced spouse benefits, unless your marriage took place at age 60 or older. If you do remarry before age 60, then at age 62 you may collect your own benefits or spousal benefits based on your current husband’s history, whichever is higher.
If my husband and I are separated but not fully divorced until after the 10 year mark, am I still eligible for his SS benefits after the divorce is final and I turn 62?
To be eligible for divorced spouse social security retirement benefits, you must have been married for 10 years or longer, from date of marriage to date the divorce is final. Social Security Administration has no interest in whether you were living together or separated or what during that period, they are only concerned that those two dates are 10 years or more apart.
I have an appointment set for early May to apply for my SS. I will be 62 in June. My ex and I were married for 31 years. My ex won’t be 62 until next April. If I begin to collect my SS in June, I’m under the impression that I will receive 50% of his SS when he turns 62, not necessarily when he retires. I’m not sure if he will work until the full age. He’s in the medical field and his SS will be substantial. Will I only be able to collect on what he’s entitled to if he retires at 62, or will I be entitled to what he would be entitled to at the full retirement of 66+? I’m confused and can’t find a clear cut answer. Your input is appreciated.
It sounds as though you are going to begin collecting benefits as soon as you turn 62. Those benefits will be reduced because you are collecting before full retirement age. They will be based on your own earnings history initially, since your ex is not yet 62. Once he is 62, if his earnings history will give you a greater benefit, they will increase your monthly benefit, though it will forever be reduced because you began collecting at age 62. If by working more years until full retirement age his top 35 years increases, then your benefit will increase each year accordingly.
Married 25+ yrs and the husband abandons his wife who’s on SS. Waits till she passes away then wants to collect her SS…is this possible? Can it be stopped
He cannot collect her social security. But since they didn’t divorce, he is technically a widower and his benefits can be based on her earnings history, if that yields a benefit greater than his own.
WHAT IS THE DIFFERENCE IN CLAIMING AS SINGLE VERSUS MARRIED? I am 63.5 yrs old and contemplating collecting now. My husband is 61 yrs old until December. Since my Husband is younger is there something to consider here? I do not work but he still does.
If you collect before full retirement age of 66+, your social security retirement benefits will be reduced. Once you begin collecting and your spouse is 62 or older, he may begin collecting too, either his own benefits or spousal benefits based on your earnings history. If you and he were to divorce, he wouldn’t have to wait for you to begin collecting benefits to begin collecting divorced spouse benefits, if those exceeded his own.
I was married for over 10 years. My ex-husband is 7 years younger than me. I will be of retirement age (66) next July, he will be 59. He may be eligible for the maximum retire amount when he is of retirement age, 66 or 67. My SSI will only be 900.00/month. at 66 yrs. old. When he retires at 67 yrs. old his will be around $2,800 or more. In order to receive the maximum, should I collect my own until he can retire? Should I start collecting on his since next July if he will only be 59 next year? My teacher’s retirement is less than $800.00/mth. I fall under the WEP/GPO rule. Please help me with the math on this and what to do next July when I turn 66.
Once you are full retirement age, you can apply for social security benefits based on your own account, though those may be minimal since you worked under teachers retirement instead of social security for some of the time. Once he is of retirement age 62 or older, social security can take your former spouse’s earnings history into account in making the payments, though your teacher’s retirement government pension offset may reduce or eliminate that payment.
My husband and I separated in Jan 1993. I had not seen or heard from him for 25years from that time. I thought we were divorced (his initiation). As it turns out, we were not. I just found out we were not divorced so having married in Sept 1976, we were still legally married up until his passing in 2019, which works out to 42 years and some months. I collect SS now (my own) what do I need to do to find out out whether I qualify for his?
Contact social security and let them know that the person to whom you were legally married has died, and ask them to pay you widow benefits if those exceed your own benefits.
I turn 66 this coming July my wife of 47 years turns 65 in Sept. can see draw half my SS once I turn 66 or does she have to wait til she turns 66 to get half my SS. She has been a house wife for over 18 years so her SS will be minimum.
Once you apply for social security benefits, she can apply for spousal benefits. Those benefits will be reduced if she is less than full retirement age at the time the benefits begin.
My husband plans to retire in 2 years at 67 and I will be 62 at that age. Can I collect the spousal benefit off of my husband social security at 62 and then claim my social security at 66 and 10 months which is my full retirement?
When you apply for social security benefits, they will pay you the greater of your own benefits or your spousal benefits based on your husband’s earnings history. It will be reduced if you collect earlier than age 66 and 10 months. You don’t have the option of choosing which one you get, and your benefit will be forever reduced if you begin benefits before full retirement age.
I’m 44 was married 27 years. Recently divorced. I was in a wreck 3 years ago shattered my spines also have COPD…. I need to know if I can collect off his ssdi… hes still working making over 140,000 a year. I cant work and still trying to get the ssi because I didnt work the past 10 years. So am I screwed or can I go off his.
I don’t know much about disability benefits, but call social security and ask them this question. They know all about it.
I am 62.I was married for 21 years.Together for 11.A friend came to take care of me.I am on SSD. I worked,but my disease got so bad I could not work any more.My caregiver and I fell in love.We want to get married.Could I still receive my ex husband’s benifits.He is 65 and remarried.I have been single for 30 years.But is it worth getting remarried.
Once you are of full retirement age your disability will convert to retirement benefits. At that point you’ll get the greater of your own benefits or benefits based on 50% of your former spouse’s earnings history. If you are remarried, then your retirement benefits will be the greater of your own benefits or 50% of your current spouse’s earnings history, whichever is greater.
I am disabled can I collect my ex husbands ss. I am 50 he is 54 and working. Working on oil rigs making good money. I Divorced after 27 years of marriage. What do i qualify for and how do I get it?.
If you are getting social security disability benefits, those will convert to retirement benefits once you are retiremenet age.
If was with my my wife for 15 years before we got marry, but she get Social Security for her dad which is dead. Could I still get Social security off her
If you were married for 10 years or longer, when you reach retirement age you can collect your own benefits or an amount equal to 50% of her benefits, whichever is higher.
I am divorced after 19 years of marriage and i’m on ss disability I am 56 and my ex is60 this year. When and if I can collect on his ss and will I still be able to get my ss disability benefits too.
I do not believe you can collect on both. Once you are of retirement age, your disability will convert to retirement payments, and you will get the greater of what you are receiving or a divorced spouse benefit based on 50% of his earnings record, whichever is greater.
Im applying for ss disability , how would it work to draw off of my ex ? Ive been married and divorced twice . First time for 24 years however we were legally separated for manyy of those years ,the second marriage lasted 15 years .
I don’t have much knowledge about how disability is figured, but I thought it is based on your own earnings history and your own disability, not on a spouse’s record or former spouse’s record. Check with social security (if and when the government reopens) to find out for sure.
Question? I’m 66 yrs. old, I’m retired I receive monthly Social Security Benefits, not SSD. I’ve been married to this one man for over 30 years, he is my senior age 79 retired from Ford Motor Company after 30 yrs., he receives Social Security Benefits and Pension for that long. We have been separated for over 30 years he deserted us over 30 years ago. My son born in 1979 passed at 30 in 2010 we never received anything from his dad or as his wife, not divorced, been separated over 30 years. Am I entitled to any of his Social Security even if I receive my own Social Security Benefits?
As your husband’s souse, you can receive your own Social Security retirement benefits, or an amount that is equal to 50% of his benefits, whichever is greater. You can’t receive both. I’m guessing that Social Security has already made the appropriate calculations and is paying you the largest amount to which you are entitled.
I was married for 15 years, we divorced, in the divorce settlement I signed a waiver of social security, retirement benefits, and 401k. He has remarried but I have not. Can I receive any benefits?
You cannot waive your rights to social security benefits in a divorce settlement. Social security is governed by federal law, and your divorce agreement under your state’s laws has no impact on federal law.
What determines how much my ex receives per month
Social security benefits are determined based on the highest 35 years of earnings.
I was married to my ex spouse for 18 years. He divorced me when I became disabled due to having aids. In my court docs his attorney says they will state he gave me the aids as he was having bi-sexual relations jut at the right time in san francisco. The court awarded me only 650 when we divorced. He went back to lower it and got a 75 dollar a month decrease. He lied in the testimony but I did not have proof at the time. He has never paid me back for a joint 401-k because he never told his work he was married and he has never taken a life policy on himself as court ourdered. court said why have you not faught him for it? I have no money for attorneys, I represented myself the last timel Now I know he has several retirement checks totally adding up to 6000 dollars a month and has 39,000 in his savings and has bought a new truck and two new Harley Davidson He has never remarried. Can I ask him to pay court costs and motion that he prove what happened to 401k and where is life insurance policy as well as tell the truth about what he paid to live the forest service 75 a month rent? I could never work again because the meds make me have heart attacks and my t cell count is still only 66. If he caused my disability and I am the one with a master’s degree and should have made more would social security listen to me
It sounds as though your divorce has been final for a while. So no matter what it seems to you he did wrong during the marriage and since the divorce, the only thing that matters legally at this point is what you were awarded in the divorce. If you were awarded a portion of a 401(k) and you did not receive it, or if he was supposed to name you as beneficiary on life insurance and did not, you can take legal action to have those provisions enforced. I do not know if you can ask for court costs. As for social security, your education and his culpability regarding your disability will have no effect on benefits you can receive from them, so there is no need to share that information with them.
I’m 54 years old me a d my husband been married for 32 years we are divorce he died in 20017 can I collect his ss?
You can receive surviving divorced spouse benefits if they exceed the benefits payable on your own account. You may received reduced benefits are early as age 60, and full benefits at your full retiremenet age of 66+.
I get 850$ a month in Ssdi I will be 62 soon my xhusband gets about 1400$ a month will I draw from him and get my benefits where I get half of his amount and still get mine?how does that work
You can get your disability or retirement benefits, whichever is higher. Your retirement benefits are based on your own earning history or your former spouse’s, if you were married for at least 10 years. Those divorced spouse benefits are the equivalent of 50% of what he is entitled to get under his earnings history. You only get one benefit.
My daughters father and i were together 7 1/2 years before he passed away. Soc sec does give my daughter survival benefits, but my question is would i be entitled as well she was 1 when he passed and is now 13? I been reading different articles and from what im understanding i should have been receiving either surviving wife or mothers or fathers ins. Becayse we were together for atleast 9 months prior to his death. Plz help
A widow or widower at any age who is caring for the deceased’s child who is under age 16 can receive benefits.
Hello, I was married for 25yrs., I’m 51.
Ive been divorced for 3 & not married. I had a surgery while married for a tumor and it has left me unable to work. Btw I have been raising kids and did not have enough earnings credit to apply for SSDI. I am currently going through the SSI appeals game? Dr says this is normal being strung along to get approved. My question is: I recently was told that I can get ssdi based on my ex husband’s earnings, he has enough credits. Is this true? I also started applying for SSI 1 month before getting divorce. If this is true….can I just switch & apply for Ssdi instead? He is currently working and not married.
If someone from social security gave you the information that you can get ssdi based on his earnings, then likely it is true. If it came from someone else, then treat it as rumor and ask social security it if it is true.
I am partially disabled since 2016 when I turn 50 with health issues. How long do I have to wait to get the deprvtive benefits from my ex husband we where married from 4/83 to 6/94? He is still working he is only 58 years old. Do I have to wait until he retires or am I not eligible for it ?
You will have to wait until he is of retirement age.
I am seriously debating on early retirement at age 62, was married for 17 years and divorced. He earnes substantially more than I do, will I have to wait until he draws social security before I am eligible for this divorce Benifits? He is now age 57
You can collect reduced benefits at age 62 if he is also age 62 or older, regardless of whether he has begun collecting social security benefits or not.
been married for 30 years now divorced at age 56 i am now on ssd my son is 26 he was disabled at the age of 20 he collect ssd and ssi, would i or my ex be able to collect on his ss benefits?
I don’t know a lot about the social security disability question, so ask Social Security since they are tasked with implementing the rules.
Married 20 yrs divorce he remarried still married to second wife ,He collects disability 2000 a month I am 65 he is 67 ,how much will I be able to receive when I turned 66
When you begin receiving social security retirement benefits, you will receive benefits based on your earnings history or an amount equal to 50% of the retirement benefits he is entitled to based on his history, whichever is greater. Social security will make those computations based on their records.
I was married for 17 yrs, my ex husband died Feb. of this year. He took early retirement at 62. He was getting 1700.00 a month. I took early retirement at 62, I only get 760.00. What will I get from his ss? I was told different amounts. Thank you.
Your surviving divorced spouse benefit is based on 100% of his earnings history. Contact social security right away to tell them that he died and you were married for over 10 years, and so you are entitled to benefits. They can tell you the amount, and if it exceeds your own that’s what you will get.
I am 46 years old and disabled. I have had a number of back surgery’s and am still unable to work. I was married for 10 year and divorced him because he was using drugs. I get a very small check at the moment after my Medicare is deducted I receive $12.00 a month. Because I am disabled can I draw off of his social security? I can’t even afford to eat properly because i can’t afford to pay the house Bill’s and buy food.
Someone who is totally disabled can begin collecting divorced spouse social security retirement benefits at age 50 if they exceed the amount they are entitled to in disability benefits.
I wanted to know that. I am totally and permanently disabled Dr say I can never work again. My 27 year marriage ended divorced for 4 now.he is 54 still works on oil rig. Can I file for his social security? He did not even show up in divorce court.
Once you are of retirement age, you can get retirement benefits based on your earnings record or 50% of what he can get on his earnings record, whichever is higher. Or you can get your social security disability payments, if those are higher than either of the retirement benefit computations
I’m divorced 3 years now, married for 16 years. I’m 55, my ex-spouse is 51. He worked civil service job for 25 years and the last 10 years made about $100k per years. I found out my ex-spouse had a massive stroke and heart attack and is now on SSDI and can no longer work. I want to apply for SSI or SSDI, due to illness, I’m not sure which one I qualify for. Do I get 50% of his SSDI amount or the standard amount for SSI?? I have no idea which one is for me. I was a homemaker for the majority of our marriage.
I don’t know much about SSI and SSDI, but I think SSI is a welfare program for those with extremely low income. SSDI is for those with disability. Contact Social Security Administration and ask them to determine which you are eligible for.
I had a stroke at the brain and had to stop working. I was married for 20 years and we divorced. He re-married but I did not. I receive $1,370.00 a month in disability. My e-husband will be 66 in January he re-married shortly after our divorce to a much younger woman. I filed with Social Security under m own Social Security. Can I file for Social Security under my ex-husband? If not what do I need to know and do? .
Check with Social Security. I’m guessing you are getting more disability income than you’d be able to get as a divorced spouse benefit, so you’ll be better off sticking with the disability income.
My current husband is going to be 62 in Nov. We have a 12 year old child so he plans on taking SS at that time and claiming the additional child benefit. I am employed but 12 years younger. Can I leave my current job and collect spousal benefit as the caretaker of our 12 year old ? Would I still be able to collect on my own SS benefit when I turn 62?
You can receive parent benefits under your husband’s record until your child is 16. Then you can switch over to your own benefits if you are 62 or older.
My husband and I been married for 21years but we are now separated can I get part of his benefits
If you are both of retirement age and he is receiving social security retirement benefits, you can receive your own benefits or spousal benefits that are equal to 50% of what he receives. Once you divorce, those benefits will convert to be divorced spouse benefits, if they are based on his earnings.
I’m 61 years old will be 62 in October I get 713 a month SSA my husband and I are not together he is 69 years old and he gets ss can I get part of his benefits we or not devoiced or neither remarried
You may get social security retirement benefits based on your own record or spousal benefits equivalent of 50% of his benefits, whichever is greater.
I was married 16 years, divorced for 3 years. I became disabled last year and I heard ex-hubs was disabled too last year, heart attack and stroke. I think his is collecting SSDI, but he is not retired, he is 51 and I am 55. I am entitled to SSDI based on his income, or do I get SSI, as I am not working and havent worked in the last 10 years?
I don’t know much about disability or supplemental income benefits, so you’ll need to contact social security. My understanding is that it has to do with your circumstances, not someone else’s, and is based on your record.
I’m 47 years old and my husband and I divorced on 2016. He remarried and they just had their one year anniversary. He was killed in an accident last week. My question is, will I be able to draw social security off of him. We were married for 24 yrs.
At age 60 you can draw reduced surviving divorced spouse retirement benefits, or if you wait until full retirement age of 66+ you can draw full benefits, as long as those benefits exceed your own.
I been married for 6 yrs he was previously married for 20 he recently got terminally ill. At time of death can I collect or does she only collect survivor benefits
As his widow you will be eligible for widow benefits based on his earnings record. You can take reduced benefits as early as age 60, or wait until full retirement age of 66-67 to get full benefits.
I am 63 and divorced from a man I was married to for 11 years. He is 56 years old. If I retire early can I collect social security based on his earnings which is twice what i earns
Once you are both of retirement age of 62 or older, your social security retirement benefits will be the greater of your own benefits or divorced spouse benefits (which are the equivalent of 50% of what he would be entitled to based on his earnings record). Until then you can collect based on your own earnings record only. If you begin collecting benefits before age 66, your benefits will be reduced.
I’ve been married from 2008 October 17th October 17th of 2018 would make it 10 years I’ve been married to my husband I got married in the state of Connecticut but now live in New York City I would love to know what benefits am I entitled to gain from my husband
When you are of retirement age (62 or older) and your husband files for social security benefits, you may begin receiving your own benefits or spousal benefits, whichever is higher. Spousal benefits generally are the equivalent of 50% of what your husband is entitled to receive. If you begin your benefits before full retirement age (66+) your benefits will be reduced.
I was married 14 yrs never remarried ..do I have to wait until he applies for his retirement ? What if I’m 62 and want to apply before he retires is this possible
You are eligible to collect divorced spouse social security retirement benefits as early as age 62 (reduced because you began collecting before age 66+). You do not have to wait for him to retire to begin receiving benefits.
I was married for 21 years 1987-2008. We had a daughter together in 2005 who is now 12 years old. My Ex husband never remarried and passed way last October of 2017 7 months ago. I did get social security for my minor daughter set up in December 2017 and she receives a monthly check. I am entitled to Ex Spousal benefits if I am 53 years old and never remarried? Also he had a pension from his career job through the PBGC and was drawing monthly on that am I entitled to any of the pension since I have been taking care of our minor child for the last 3 years full time due to his ALS diagnosis? Thank you for the help.
If you are taking care of a child who is receiving benefits because of a parent’s death, then you may be able to get benefits as well until she is 16. Contact social security administration to find out more. As for the pension, your divorce agreement should have provided as to what portion of his pension you receive, if any. If his pension was not discussed in the divorce, contact an attorney right away to see about getting your share of an omitted asset.
I was married for 34 years and then widowed. I am now 63, been remarried for 6 years and my current husband is 57. I was recently told that I may qualify to receive my deceased husbands social security. Is this true?
If you and your current husband divorce, then you will be eligible to receive widow benefits based on your previous spouse’s earnings history if those benefits exceed your own. If your current husband dies you will receive widow benefits based on husband 1, husband 2 or your own benefits, whichever is higher.
When I took early retirement at 62 I asked the SS person I was dealing with about ex spouse benefits. He stated to me that at full retirement I would be able to switch over to my ex’s deceased benefits and receive appx twice the amount in benefits and I wouldn’t have to repay or be penalizrd for taking a early retirement.Not really believing him I grilled him up and down about it and he reaffirmed his calculations several times. This colored my decision to take early retirement. Did he giving me the correct advice?
Probably. It is my understanding that surviving spouse benefits are not reduced even though you claimed your own benefits before full retirement age. And it sounds as though you were in the special window that allowed you to choose which benefit to take, before the laws changed a few years ago.
Im 59 years old.married 1992 and divorced in 2012 for my ex husband. Got married 2015 on my 2 nd husband until present. If i retire will my ex husband can get a portion of my ss pension? If i will divorce my present husband after 2 years, who will get a portion of my pension? Thanks
When you are both of retirement age of 62 or older, he can collect benefits based on his own earnings or divorced spouse benefits that are the equivalent of 50% of your benefits, reduced if he begins collecting before full retirement age. If you divorce your current husband, he will not be eligible to collect based on your earnings history since you were not married for 10 years or longer. To be clear, no one ‘will get part of your social security’. You’ll get your own benefits, and they will get their benefits based on the highest amount to which they are entitied.
So if I was married 25 years and I am now 51 and divorced . If I stay unmarried and at 66 which is my Full retirement age I will receive 50 percent of my ex SSI Benefits since I don’t qualify because of being a stay home mom. and #2. If he died would I receive 100 percent at age 66 under surviving ex spouse.
That is correct. While he is alive you can receive divorced spouse social security retirement benefits based on his earnings history, and if he dies, you can receive surviving divorced spouse benefits.
I am 57 and on as I. I have been married for 19 yrs. But will be divorcing this yr. He is 8 yrs younger and not working and hasn’t for about 5 yrs. Can I collect from his as. Or do I have to wait until he collects.
I don’t know what you mean by “his as.” If you are talking about social security retirement benefits, you may collect divorced spouse benefits once you are both of retirement age 62 or older, if those benefits exceed your own benefits. If you collect sooner than full retirement age 66+, your benefits will be reduced.
I’m 50 and collecting disability benefits, I was married for 22yrs. My ex husband is still working and not of retirement age. Am I able to collect off of his social security?
Once you both are of retirement age 62 or older and he starts getting retirement benefits, you’ll be eligible for spousal retirement benefits if they exceed your disability payments.
I am a 53year old disabled lady. I receive $750 a month. And a medicade medical card. My ex husband passed away. And his widowed wife contacted me about the benefits that I can receive, since we were married almost 11 years. What I would like to know. Would this cause me to lose my medical insurance. Due to that I have many many medical issues.
I’m sorry, but I don’t have the answer to your question. You’ll need to ask the insurer how much income you can earn and still keep the benefits.
I was with my husband 15 years but married 6 but had 3 children with him! Am I entitled to his ssi ? Regardless of the time we were married?
Social Security cares about marriage, not love. You need to be married for 10 years or longer to qualify for divorced spouse retirement benefits.
I am 59. I have been been collecting disability benefits since 2010 due to illness . My husband is thinking of an early retirement at 62. He is aware of the lower amount of money he will receive because of retiring early. Will my disability benefits increase or decrease in this case? Or will they be affected at all?
If your own retirement benefits or your spousal retirement benefits exceed the disability benefits, you can switch to those once you are of retirement age 62. But if your disability benefits are higher, you will stay on disability benefits. At age 66 you will switch to retirement benefits.
I was previously married for 11 years and divorced. I went on SSI at age 37. I remarried at 55. I’m divorcing my current husband of 9 years. I’m going to be 65 this year. If I receive divorced spouse benefits or retirement benefits from my 73 yr old ex first husband will the benefits be reduced if I apply before age 66.
If you apply before full retirement age, your benefits will be reduced.
Currently married for two years with a baby now. Husband is on disability social security.. we are going to divorce and am not sure how much custody he will fight me for. I will be sole provider at some point for our daughter.. is it true that if we divorce, ssi will take money from my paychecks to pay his ssi???? And my daughters ssi will go away as well???
I don’t know the answer to that question, since I don’t know the rules for disability. That is a question that Social Security Administration staff could answer for you, so call them to ask that question.
i see all the info regards a wife getting the ex hubby’s ssi bt what if The wife earned more money & abandoned teh Marriage cannot be located to fidn to serve divorce papers and yoru married over 10 years, because athst exactly My situation My wife earned more incoem over the course of our lives she decided she was gay and ran off with her GF, turned off all forms of communcation and left teh state am I entitled to anything?
Once you are of retirement age, you can begin collecting social security. Once she is of retirement age and begins collecting her benefits, you can receive spousal benefits based on her earnings record if those benefits exceed your own benefits. If you are divorced at that time, you do not need to wait for her to actually begin collecting her benefits, as long as she is of retirement age 62 or older.
I been marry 25 years l am almost 58 years old l dont work.since. 2010 my kids are.25 and 20 if he dies do l get any benefits.now
You can collect reduced widow benefits as early as age 60, or wait until full retirement age of 66+ and collect full benefits.
If my ex husband dies and he remarried but I did not and we were married 7 yrs am I eligible to a portion of his social security?
You are entitled to divorced surviving spouse benefits if you were married for 10 years or longer. It doesn’t sound as though you were.
My ex of 24 yrs is drawing his retirement an disability his 57 An I’m 54 An I’m on mental disability he said I could draw off him so can u
You can draw disability benefits for your own disability if you qualify.
I’m 57 years old and disabled on SSI was married 12 years. He is 68 on Social Security can I draw off his Social Security NOW?
It is possible that you can get divorced spouse retirement benefits instead of SSI, but I’m guessing that your SSI exceeds the retirement benefits that you could receive under his earnings record, which is why they are paying you SSI instead of retirement benefits.
My first husband passed away. We were married long enough to have a child, that child is 41 years old. My third husband I am divorced from we were married over 16 years. He’s 2 years 11 months younger than I am I am 60. I have not remarried. I am working at this time. I was told that I could collect derivative benefits since I was married over 10 years to my last husband. But what I’m reading here stays that we both have to be at retirement age. I’m almost wondering if I could collect anything off my first husband but we weren’t married that long. I was told I could collect derivative benefits once I turned 59 and a half. Can you please explain to me what the best course of action is for me in the future. I would like to be able to collect and continue to work. There are a couple people I work with that collect and right now they can only work and earn a certain amount per year but after a specific length of time they can continue to collect Social Security and work as long as they want to and earned whatever they want to. I need help to sort this out. I sure appreciate any help you can be thank you so much.
If you begin collecting benefits at your minimum retirement age of 62, your payments will be reduced by around 25% for collecting early, and will be further reduced by 50% of all your earnings over $17,040. So it doesn’t make sense to begin collecting before full retirement age of 66+ if you are still working. It is likely that your own benefits will exceed the divorced spouse benefits you are eligible for on Husband #3 once he is of minimum retirement age. Once you are age 66+ you can collect your benefits and they won’t be reduced.
I was married for 21 years.. I married the second time but divorced after 3 years.. Im 55 years old but receiving SSD and my first ex husband is 68.. Entitled to receive benefits from my him??
You can receive divorced spouse benefits if they exceed what you are receiving from disability. I’m guessing they don’t, which is why social security is paying you disability.
Married legally 31 yrs husband retired from navy disabled live in different states never divorced what benefits am I entitled to.
Check with the Navy to see what benefits he is receiving. As his wife, you are entitled to share in those, such as commissary privileges, medical, etc.
I have been separated from my husband since February 16, 2010 and as of 2016 I was put on disability and I’m not 62 how can I go about collecting from my husband since we were never divorced nor was there a legal separation ever done and we both reside in Oklahoma City, Oklahoma
Talk to an attorney about how alimony works in your state so you can find out what you are entitled to and how to go about getting it.
If I am 14 years older then my husband and he is still working, married 33 years this year, but I think we are getting divorced, Should I get a lawyer for alimony or can I get half of his social sec. Or does he have to be retired. I am unable to work, I had my own business for 20 years but did not have a good accountant and I only get 300 a month. What can I do other than getting a lawyer? Should I call social security?
Talk to an attorney about how alimony works under the laws of your state.
Once your former spouse is of retirement age (62 or older) then you can receive divorced spouse benefits if they exceed your own benefits. Until then, you can get your own benefits — reduced benefits at age 62, full benefits at 66+. Apply for social security about three months before you want to begin collecting.
My ex husband and I were married for 23 years and I am 46 years old. We have 4 children together. He unexpectedly passed away 3 years ago, shortly after we divorced. He was the one who always worked, while I stayed home to care for our children.
Can I receive SS benefits even though I am 46? I did receive “survivors benefits” for a period, until my youngest child turned 16 and she will continue receiving “dependent benefits” until 18.
What are my options, if any?
Once you are of retirement age (reduced benefits at age 60 or full benefits at age 66-ish), you can begin receiving surviving divorced spouse benefits. Unless you have other children under the age of 16, you won’t receive benefits now.
I am on ssdi for the last 2 years. I was married for 20 years to my spouse and we were divorced in 2015. He recently died. Am I able to continue collecting my SSDI and how long do I have to wait now since he has died? Will I loose my SSDI or will I get both my SSDI and his SS now since he has died. I am only 50 years old. He was not at retirement age when he died. Neither of us remarried. Please help explain this to me.
Talk to social security to see if you qualify to start receiving widow retirement benefits, and if they would exceed your disability benefits. There is a special rule that might allow you to begin collecting reduced retirement benefits on his record at age 50. You don’t get both, it’s either/or
If I am 62 and collecting SS as a divorced spouse and my x-husband starting collecting before his full retirement age, is my benefit based on what he is collecting or what he would have collected had he waited until full retirement age? And if I collect only my x-spouse benefit at age 62, can I then switch to collect my full benefit amount at my full retirement rate? (born in 1959)
Your benefit is based on his earnings record. If you begin collecting before age 62, your benefits will be forever reduced because you didn’t wait until full retirement age. When you begin collecting benefits, they will pay you the highest benefit to which you are entitled, your own or divorced spouse benefit. You don’t get to decide which record to collect on.
I am 62. Married to 1st husband for 10yrs was homemaker. Remarried 30 yrs. Self employed until now. Will retire at 65 or 66. My husband is older than me can I retire before him on half of my spouse’s SS. Also says I have 32 units. Very confused.
It sounds as though you don’t have much of a social security record in your own name, since you have only 32 quarters of coverage (payments made into the system), so it isn’t likely you qualify for social security on your own account. Once your spouse has applied for his benefits, you can collect spousal benefits which are about 50% of the benefits he’s entitled to (not including the extra amount he’ll get for waiting past full retirement age to collect, if that’s what he’s doing).
my husband died last yr he was married for 6 months on his first marriage im retired can i collect his ss benefits if i made more than he did im 54
Once you are age 60, you can begin to collect reduced widow benefits (full benefits if you wait until full retirement age of 66+ to collect).
My ex husband will be turning 60 I am 70 retired at 62. He is on SS disability.we were married 11 years I don’t get much SS. Can I collect off him.
Once he becomes retirement age, they will pay you the greater of your own benefits or divorced spouse benefits if you were married for 10 years or longer.
Divorced after 42 yrs. 62 yrs old. Quit my business to take care of elderly mom. I have no income. Can I collect ex husbands ssi?
Since you are 62, you can collect the greater of (1) reduced benefits based on your earnings history, or (2) if your former spouse is 62 or older, you can collect reduced divorced spouse benefits based on his earnings history.
I am 56, and going through a divorce. My wife is only 45 but has much greater benefits accrued. In order for me to claim 50% of her rate, do I have to wait until she reaches 62, which will put me at73
In order to claim spousal benefits, you must both be of retirement age and both be collecting benefits.
I was married for 31 yrs and divorced 10 yrs ago. Neither of us remarried. I am now 62 and my ex is 66. He retired this month and says his benefits are $1700. If I retire now mine will be greatly reduced at $600. Can I receive any of my ex’s benefits now or will I have to wait until full retirement age?
When you apply for social security benefits, they will pay you the greatest benefit for which you qualify, your own benefit or the divorced spouse benefit, whichever is greater. Whatever benefit you get will be reduced if you begin receiving benefits before full retirement age of 66+/
My husband just passed away in july we were together 19 years he was receiving benefits because he was disabled question is can my husband ex-wife collect his benefits before me because they were together 7 years she never remarried but we did ssi told me i have to wait to I’m 62 but i wanted to know if she can collect his benefits since she was his first wife and older than him
You can collect benefits when you are 62 or older. Don’t worry about what she does or doesn’t do — it doesn’t affect what you will receive.
I’ve been married for 18 years and wanting a divorce and plan on getting remarried will i still qualify for benefits from ex husband income once he passes away? He is very sick and he’s 48 and his doctor told him he will be lucky to live past 50 due to his illness. I’m also ssa. How does that work? I’m hope he lives longer because we have 2 underage children so I’m in hurry that to happen but im just wanting to know .
No, you won’t qualify for social security benefits from your ex if you remarry, you will qualify for social security benefits from your new spouse’s earnings history once you are of retirement age, if those benefits exceed your own.
My x husband is younger by 18 months can I draw of of mine and then his.?
When you apply for social security benefits, you will get paid the greatest benefit to which you are entitled. It may indeed work out just the way that you outline, depending on how old you are when you begin to collect.
I was married for 12 yrs and now divorced. My x is 18 months younger. Can i sign for my SS# at 62 then switch to his when he turns 62. I guess just need to know the best way to do it.
Yes, that’s the way it will work. If your divorced spouse benefits are greater than your own benefit, social security will switch you to that higher benefit when your former spouse turns 62.
I was married to my ex husband for 11 years and he is collecting disability benefits he is 57 and I am 55. My question is am I entitled when I reach retirement age will I be able to draw from his retirement? I have not remarried .
If you were awarded a portion of his retirement in your divorce, be sure that you have put a Qualified Domestic Relations Order in place so you can receive your share when he retires (or the earliest date at which he could retire). If the divorce agreement did not address the retirement, then see an attorney about opening up your case to divide the pension.
I collect ssd since 2008 I am now 53 divorced from husband 10 years we had 3 children all grown he passed away 2 yrs ago and was also on ssd am I able to receive anything
Once you are 60, you can have social security determine if your surviving divorced spouse benefits would exceed your disability benefits. If so, you could begin collecting them then.
I’ve been married for 33yrs to my husband and he cheated on me with a young girl had a son he’s now 7yrs old and I tried to make our marriage work for 7yrs and he travel back and forth from new York to Myrtle Beach SC maybe 6 times out of the year and never moved here at all so my question is can I collect SS benefits from him now or if he passed away or if we divorce will I still be able to get his SS benefits
You are eligible for spousal benefits when you are both of retirement age and he begins collecting benefits. If you divorce, you are eligible for divorced spouse benefits once you are both of retirement age. If he dies, you are eligible for widow benefits (if still married when he dies) or surviving divorced spouse benefits (if divorced when he dies) once you are age 60 or older.
Im 59 and on ssdi my ex husband of 17yrs is 66 and on ss am i able to collect from his benefits now
Once you are age 62, you may collect divorced spouse social security retirement benefits if they exceed the benefits you are receiving now. If not, then you will continue collecting your SSDI.
I am 53 years old and disabled. I am divorced from my husband of 20 years. I was a stay at home housewife so I don’t have enough work credits to claim disability on my own. Can I claim disability off my ex-husband’s work credits? How does that work?
You can talk to Social Security to see what options, if any, are available to you.
Hi and thank you all so much,
I was married 18 years. We made the choice to have me take my Social Security benefit at age 62, early. I took a pretty big hit. He encouraged this choice saying he would delay till 70.5 and receive a higher benefit for ‘us’.
Now there is no us and I am left with a loss. Can I take the difference his retirement at 70 or now?
He was born in 1951 and is 66 now and I am 65.
I was also hoping I could suspend my benefits now? Due to the divorce?
I have been on the net for 3 hours researching all this. I can not find the answer on the Social Security website.
thanks so much again.
Alone in Seattle
Yes, you can suspend your benefits if you do not need benefits at this time, and you can resume at any time up to age 70. Contact Social Security Administration to do the necessary application to suspend.
I was married 23 years. I have been divorced 12 years. I did not work during my marriage, mainly because I was diagnosed with Myasthenia Gravis in 1990. I recently was awarded SSD, but my amount is only $182 a month. My ex spouse’s award will be $3000. He is 3 years younger than me and I will be 59 next month. Can I get spousal benefits now because I am disabled? I was disabled through most of my marriage, but did not understand I could file for disability. My husband made a very good income, so I never had to worry. Now, I live in poverty and I am barely surviving. Thank you! ?
Once he is age 62 or older, you can collect divorced spouse benefits based on his earnings history, if those exceed the social security disability payments you are receiving at that time.
I was married to my first husband over 10 years we divorced I got married again was married over 10 years to the second one we are divorced now they both are drawing their disability retirement I am age 60 drawing SSI disability cannot work I’m totally disabled would I be title to draw off my first husband or do you go by which is greater thank you so much
Once one or both of your ex-spouses is age 62 or older, you may collect divorced spouse retirement benefits or your SSI disability, whichever is higher.
I am 55 and on permanent disability benefits they are very low about $600 a month I was married from 1984 – 2000 would I be eligible for any income from ex husband benefits? I have not remarried
Once he is of retirement age 62 or older, you can receive divorced spouse benefits if you were married for 10 years or longer, if those benefits exceed the disability benefits you are receiving.
I was married for a bit over ten years. My husband and I were divorced at that time. He has since passed away. I never remarried nor did he. Will I be eligible for widows benefits at age 60 even if im still working>
You are eligible for reduced surviving divorced spouse benefits at age 60, but they are reduced by $1 for every $2 you earn from your job over $17,000.
I was married 9 years and 1 month. Been divorce 30 years. Been getting disability for 7 years. Just turned 65 can I draw social security for my ex spouse . I never remarried.
To collect social security benefits on a former spouse you must have been married to that spouse for 10 years or longer.
my husband has been deceased for 10 years we were still married would I be able to collect his SSI after 10 years of being deceased
SSI is an income supplement to enable low income people to live. You cannot collect his. When you reach age 60 or older, you can collect reduced Social Security retirement widow’s benefits based on his earnings history, if that provides a greater benefit than your own benefit. To receive full benefits you must wait until full retirement age 66.
im karried over 10 yrs.im on half szi /half ssdi it totalz $725 a mth i believe my husband recieves ssd of the max amount we are seperated im unablr to work am i rlligable for his benifit it is higher
I don’t know, but I would imagine that the social security people are paying you the largest benefit to which you are entitled. But you can ask them if there is a spousal benefit available that would exceed the benefit you are getting now.
I was married for 23 years and I divorced him. . He remarried again but not me. He is two years younger than me . I am 61 he is 59. He’s been younger than me , does it affect when I can collect my SS benefits. If he dies can I collect widows benefits since he remarried?
You cannot collect social security benefit until you are both 62 or older. You cannot collect widow benefits since he is still alive and you are not married to him. When he dies, you can collect surviving divorced spouse benefits even though he is married.
I was married 18 years – I never remarried, but he did. Can I collect on his SS at age 64.
Yes, you can get reduced support now, or wait until age 66 and get full support.
I was married for 16 years got divorced. He was union electrician SS say they have nothing on him. He says he gets SS but wont give the SS Number what can I do. I have marriage and divorce Papers. HELP
Find one of your joint tax returns or request one from the IRS. His social security number will be on it.
If I was married for just over 6 years, and my spouse died, am I able to collect any portion of his social security if I do not remarry?
As his widow you are entitled to widow benefits. You may collect reduced benefits as early as age 60, or wait until age 66 and collect full benefits.
I am divorced was married for 13 years . I became disabled 10 years ago from a pit bull attack tore both arms off I draw disability but not much can I get the devrivative benefit from my x social security and at what age I am 63 now
It is my understanding that you can draw disability or retirement benefits from Social Security but not both at the same time. Talk to them about which would give you the greatest amount.
I’m turning 62 in September. I was married to my 2nd husband for 11 1/2 years, we were divorced and he passed away in 2004. I’m still working a full time job, which I plan on doing for a while yet. Am I eligible to collect his SS when I turn 62 even though I am still working? I never remarried. Thank you.
You can get social security at age 62, but the benefits would be reduced because you are collecting early, and would be further reduced because you are working if you earn more than $16.920.
I was married to my 1st husband for 14 years when he died. I remarried and my 2nd husband just passed after 17 years. Would I be able to collect my 1st husbands social security if it was the larger amount?
Once you are 60, if you want to take reduced benefits for collecting early, You may collect widow benefits on Husband #1 or #2, whichever is greater.
My 2nd husband and I have been married 17 yrs. his ex wife remarried but divorced within 7 yrs. if my husband passed away will I get his social security beings mine is soo small or can his first wife claim any of it even tho she remarried and divorced under 10 yrs?
If your husband dies, you will be able to get social security retirement widow benefits. Don’t concern yourself with whether his former wife will get anything — it doesn’t affect what you will get.
I havnt been able to work since 2003..due to work injury..and now all kinds of medical issues..i was married 13 yrs to one and only marriage..im 58…my ex spouse got his ssdi over 2 yrs ago at 46..i fild for disabilty in 2003…went to apeals and hearings…have a hearing coming up soon..can i get ssdi on his ssdi..and or use his credits due to he made more money than me
My understanding is that social security disability is based on your own disability, not on your former spouses. And you cannot get part of his disability pay, since he is the one who is disabled.
Married 2 years to a physical abuser and the police helped me and my child escape for our lives…I can’t remember his social security number. Can I get any benefits? He was a Contractor Worker?
You are not entitled to social security benefits since you were not married for 10 years or longer.
I was married to my first husband over 10 years.. We both remarried.. My 2nd husband died and have been collecting Widows benefits.. I am going to be 64 in October.. Am I able to choose which Social to take..
My first husband’s? as he made a lot more money ? Am I entitled to anything that my 1st husband made?
You are entitled to receive the highest of divorced spouse benefits based on the earnings history of Husband #1, widow benefits based on Husband #2, or your own benefits. Since you are already receiving benefits, I imagine that Social Security has calculated widow’s benefits of 100% of what your deceased husband would have received is higher than divorced spouse benefits, which are just 50% of what he would be entitled to. You can contact them to see.
I am a retired FERS employee age 60 and have been married 20 years to my spouse who makes twice my working income. Question is – can I draw SS off my spouse when I reach age 62? My husband will collect the highest SS amount allowed – due to his income. I have to collect SS either way at age 62. Please advise. I worked 38 years in 2 jobs and paid into SS that entire time.
Yes, once he retires and begins receiving social security benefits. Until then, you can collect based on your own social security history. If you are receiving a pension based on employment where you did not pay into the social security system, then 2/3 of your pension will offset the social security you receive based on your spouse’s earnings history. But if your employment was covered by social security, then that Government Pension Offset rule doesn’t apply to you.
I am disabled now .so is my d ex husband we were married for 13 years they say to draw off his social security I have to be 62.is this true
Since you are disabled you may be able to get reduced benefits earlier. But if you are getting disability benefits, and they are higher that what you’d get in retirement benefits, you’ll probably want to stick with the disability benefits until you are of full retirement age. Talk to the Social Security Administration people to see what’s the best thing for you to do.
I was married for 20 years to my first husband. I got remarried and have been married for 18 years to my 2nd husband, my first husband made more money than my 2nd. My first husband died never remarried so can I get his social security
You are not eligible to receive surviving divorced spouse benefits based on your deceased first husband’s earnings history since you are currently married to another person. When you are of retirement age, you are entitled to collect spousal benefits based on his earnings record.
I was married for 11 years from 1969 to 1981. We divorced and I remarried and have been married to my current husband for 36 years. I just applied for SS benefits for myself. Am I also entitled to SS benefits from my first husband?
Right now it sounds as though you are entitled only to your own benefits. When your husband retires, you can receive spousal benefits if those exceed your own benefits. Since you have remarried, you are not eligible for benefits based on your first husband’s earnings history.
If you work for LA County and have a pension which have the WEP and GOP and you don’t have enough credits for social security benefits and you were married for at least 10 years are you entitled to you x-husbands social security benefits.
You are receiving a government pension, so 2/3 of your pension payments reduce what you are entitled to in divorced spouse social security benefits. That is called the Government Pension Offset (GPO).
I was married for 17 yrs been divorce I will be 63 in January never remarried can I take my xspouse SS he is 71 yrs old I was born January 19 th 1955 I’ve been divorce since 1992
Yes, you can get divorced spouse social security benefits if you are no longer working or not earning much, and if those benefits exceed your own social security retirement benefits.
I am in the same situation. I am 55. Was married 28 years. Very abused by him, physically, mentally, emotionally, the day I left he was trying to kill me in the bed by choking me. I have been on SSDI was retro back to 2014 actually awarded both. I am disabled due to him . No copy skills,PTSD,Severe Depression, panic attacks, and do not like to leave my house.he destroyed me and my kids like. Meds out the whazoo therapist, phycologist. So I draw SSDI. who do I speak to to see if I am eligible to collect my divorce money or dervitative it would help so much. Been staying with friends I need a home. My. email@example.com please help me
I am 54 and disabled I get SSI right now,can I get my ex husbands social security instead? We were married in August of 1990 and Divorced in April of 2002.
You cannot get social security retirement benefits until you are both of retirement age (62 or older).
At the age of 56 and disabled and get Ssdi can I draw social security from ex husband he has a lot payed in I was told
If you are disabled you may be able to receive benefits before full retirement age. Discuss your specific situation with the social security administration.
Married for over 10 years can my x receive my social security if we are both remarried
Hecan collect divorced spouse social security benefits if you were married for 10 years or longer, are both of retirement age, he has not remarried,and that benefit would exceed his own benefit.
As a divorced woman of a 12 yr marriage I was a stay at home mom and collected alimony for the past 20 yrs or so.. which I no longer collect. I work part time now but do not have any pension. Am I then entitled to 100 % of my ex spouses social security amount instead of 50 % of the amount?
Divorced spouse benefits are the equivalent of 50% of the amount that he is entitled to under his earnings record, or your own benefits, whichever is higher.
I was married 11 years then got an amical divorce. If my x dies how much of his S/S am I entitled to?
As surviving divorced spouse, you are entitled to 50% of the benefit he would have been entitled to if you wait until you are 66+ (less if you take benefits early), as long as those benefits exceed the benefits based on your own record. If your own benefits are greater you would get those.
I was married to my first husband for 25 years. I remarried but after 5 years we are divorcing. My first husband passed away 2 years ago. He was collecting Ssdi when he passed. I will be 61 soon. Who would I collect from?
Once you are divorced, you can collect your own benefit or surviving divorced spouse benefits based on Husband #1.
Thankyou Ginita for your response. To follow up, am I better to collect at 62 or 66 from my deceased ex husband? Is there much of a difference? I remarried at 55, but as I stated earlier I will be divorcing after 5 years. Thankyou again for the information.
I was married 13 years and thinking of going on ssid or ssi i am divorced my ex husband did not work during those years you are only entitled to spouses benefits during marriage not after its confusing
SSDI and SSI are disability income, determined on your needs and your earnings while working. Social Security retirement is a retirement benefit that is payable when you are of retirement age, and is determined based on your own earnings while working or those earnings of your spouse or your divorced spouse, if you were married for 10 years or longer. If you receive SSDI now, that will convert over to social security retirement when you reach full retirement age.
I was born with Spina Bifida and because of health issues my years of working were very limited. I have received disability income and SSI for the last 5 years. I was married for 10 years and then divorced in 1992. My ex husband is now 69 years old and I just turned 66. He remarried and is still married. I remarried but divorced from that marriage in 2008 after only being married for 4 years. My question is can I qualify to receive half of my ex spouse’s Social Security benefits that I was married to for 10 years now that I reached 66?
It is my understanding that you can collect Social Security disability benefits or your own retirement benefits or divorced spouse benefits, whichever is greater. Ask Social Security how they are computing what they pay to you.
Do I call Social Security first to see which is higher in my case? I read online I will need a copy of my Marriage Certificate and Divorce papers when scheduling an appointment with Social Security to see about divorced spouse benefits. My question is where do I call to get these items when I was married in West Virginia and divorced in Virginia?
I’ve been trying to find out I’m almost ready for my hearing for disability so I’m trying to figure out if I don’t have enough work credits in but my ex husband that I was married to for 17 yrs has enough work credits An is still working , if I get a decision In my favor would I collect from his ? Sorry hope that makes sense
I’m sorry, but I don’t know the answer to your question. Social security would have the answer for you.
So if my spouse did not work while we were married i am not entitled to his earnings if he is working now i can only get my earnings
You are entitled to social security retirement benefits based on your entire earnings history or divorced spouse benefits based on your husband’s entire earnings history.
I was married for 13 years. My ex retired from his US Postal service job. I raised our three children solo and did not receive any of his retirement benefits in our divorce decree. I’m not sure if he collects social security benefits or a civil service pension or both. Do I qualify for social security spousal benefits? If he collects a civil service pension, would the SS benefits be a reduced amount? How can I find out if he collects SS and if I qualify to draw on his benefits? I’m confused…
When you reach retirement age and are ready to begin collecting benefits, be sure to let social security know of your prior marriage, and they will pay you the greatest amount to which you are entitled, your own benefits or your divorced spouse benefits.
Thank you for your reply – I VERY much appreciate it! Will there be any SS benefits for my ex if he paid into a civil service pension rather than social security?
If he never paid into the social security system, then he won’t be eligible for social security benefits.
So then I also will not be eligible for Social Security through his employment?
You can only derive payments from his social security earnings record if he had social security earnings, which it appears he didn’t.
What if ex worked for 10 years in private sec and paid in to ssi before taking USPS job that they eventually retired from… Having been previously married 10+ years when he was paying into ssi(before his post office career), am I entitled, as his ex, to a portion of any ssi he receives at retirement or death? Will it be added to the ssdi I currently receive?
When you both are of retirement age 62 or older, you can collect your own benefits or divorced spouse benefits, whichever is higher. It is likely that your SSDI exceeds what you would be entitled to collect in retirement benefits, but you can ask Social Security to be sure.
Hi I’m 48 years old and have been married for 23 years. If my husband draws ssi and we have been separated for 1half years can I draw off of him now