Can a divorced woman draw on her ex husband's Social Security?

Yes, your ex-wife can get a portion of your Social Security check (up to 50% of your benefit) if you were married for 10+ years, she's unmarried and age 62+, and her own benefit is less than what she'd get from your record, and this doesn't reduce your payments or affect your current spouse's benefits. She can apply even if you're not collecting yet (if you're 62+ and divorced 2+ years), and the Social Security Administration (SSA) won't tell you she's getting it.

What are the rules for drawing Social Security from ex-spouse?

You can get Social Security benefits on an ex-spouse's record if your marriage lasted 10+ years, you're unmarried, you're at least 62, and the benefit on their record is more than your own, with rules generally applying to ex-husbands and ex-wives equally. You can claim benefits as early as 62 (reduced), but get 50% of their full benefit at your Full Retirement Age (FRA); the ex-spouse doesn't need to be receiving benefits, but if they aren't, you generally must wait two years after the divorce to apply. 

What is the 10 year spouse rule for Social Security?

If you are age 62 or older and were married to your ex for at least 10 years, you may be able to collect monthly payments equivalent to about one-third to one-half of your former spouse's Social Security benefit, as calculated from their lifetime earnings history.

How does divorce affect SSI?

Once you are legally divorced or separated and living apart, your ex-spouse's income and resources will no longer count toward your eligibility. If your income and assets are within SSI limits, you may see your benefits go up. Sometimes, you may become eligible again if you had lost benefits during your marriage.

Can my ex-wife take my Social Security if I remarry?

Yes, your ex-wife can get your Social Security benefits even if you remarry, as long as she meets eligibility rules (married 10+ years, unmarried, age 62+) and your benefit is higher than her own, because divorced spouse benefits are based on your record, not your new spouse's. Remarriage typically ends these benefits, but exceptions exist, and she can still claim survivor benefits on your record if you pass away, even if you're remarried (if she's 60+, or 50+ if disabled). 

How Divorced Social Security Spousal Benefits Work

What percent of Social Security does a divorced spouse get?

A divorced spouse can get up to 50% of their ex-spouse's Social Security benefit if they wait until their own full retirement age (FRA) to claim, but this amount is permanently reduced to as low as 32.5% if claimed at age 62, with incremental increases for each month delayed to FRA. Eligibility requires the marriage to have lasted at least 10 years, the couple must be divorced for at least two years, and the divorced spouse must be unmarried and at least 62. 

Can I stop my ex-wife from getting my Social Security after?

In your divorce agreement you may have given up the right to his retirement account from his work, but you can never give up the right to draw Social Security. Remember, drawing a Spousal benefit won't reduce the amount your ex spouse can get! It doesn't hurt your ex or his current spouse at all.

What money can't be touched in a divorce?

Money that can't be touched in a divorce generally falls under separate property: assets owned before marriage, gifts or inheritances (to one spouse), and some post-separation earnings, but only if kept completely separate (not mixed with marital funds) and documented, often protected by prenuptial agreements. Commingling (mixing) separate funds with marital assets, or failing to document gifts/inheritances, can turn untouchable money into marital property subject to division. 

How do I find out my ex-husband's Social Security benefits?

To find out about your ex-husband's Social Security benefits as a divorced spouse, you must contact the Social Security Administration (SSA) directly, as they handle this confidential information; you'll need his name, date of birth, and Social Security Number (SSN), and your own documents (birth certificate, marriage/divorce papers) to apply for an estimate or benefits at your local SSA office, online, or by phone, and your ex won't be notified. 

What are the four ways you can lose your Social Security?

4 Ways You Can Lose Your Social Security Benefits

• You Forfeit up to 30% of Your Benefits by Claiming Early. ...
• You'll Get Less If You Claim Early and Earn Too Much Money. ...
• The SSA Suspends Payments If You Go To Jail or Prison. ...
• You Can Lose Some of Your Benefits to Taxes. ...
• Finally, You Can Lose SSDI in a Few Ways.

How long did I have to be married to collect my ex-husband's Social Security?

A divorced spouse must have been married 10 years to get spouse's benefits. See Retirement Benefits: Benefits For Your Spouse for more information. An official website of the Social Security Administration.

What happens when you get divorced after 10 years?

If a couple has been married for more than 10 years when they are divorced, an individual who reaches retirement age can receive a portion of Social Security benefits based on their ex-spouse's earnings, assuming that individual has not remarried.

At what age can a wife take half of her husband's Social Security?

Your wife can start collecting spousal Social Security benefits as early as age 62, or sooner if she's caring for your child under 16 or with a disability, but she must wait until you file for your own benefits; the full spousal benefit (up to 50% of yours) is only available at her Full Retirement Age (FRA), otherwise, it's reduced. Claiming early (age 62) gives her money sooner but permanently lowers the monthly payment, so waiting for her FRA or even age 70 (to maximize her own benefit if higher) offers more income. 

What is an ex-wife entitled to when her ex-husband dies?

If your ex-husband passes away, you may be eligible for survivor benefits based on his work record. The eligibility requirements for survivor benefits are similar to those for Social Security benefits, with a few key differences: Your marriage must have lasted at least ten years before the divorce was finalized.

Can a divorced woman collect her ex-husband's Social Security?

Yes, a divorced woman can often collect Social Security benefits on an ex-husband's record if the marriage lasted at least 10 years, she's unmarried, and she's at least 62 (or caring for his child), receiving up to 50% of his benefit, which doesn't reduce his or his current spouse's payment. Eligibility rules are gender-neutral and apply even if the ex remarried or hasn't applied yet, but claiming early (before full retirement age) results in reduced benefits. 

What paperwork do I need to collect my ex-husband's Social Security?

W-2 forms(s) and/or self-employment tax returns for last year. Final divorce decree, if applying as a divorced spouse; and. Marriage certificate.

What is the new law for Social Security spousal benefits?

The biggest recent change for spousal benefits is the Social Security Fairness Act (SSFA) of 2023, effective January 2024, which eliminates the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) for many, meaning spouses and survivors with government pensions won't have their benefits reduced as much, if at all. Key rules remain: spouses can get up to 50% of the primary earner's benefit, can claim at 62 (with reductions), or care for a qualifying child (no reduction). Deemed filing still means applying for one benefit usually means applying for both.
 

What is the biggest mistake during a divorce?

5 Biggest Mistakes You Must Avoid Making During Divorce

1. Waiting Too Long to File for Divorce. It's natural to want to wait to file for divorce. ...
2. Waiting Too Long to Hire an Attorney. ...
3. Moving Out of the Marital Home Too Soon. ...
4. Failing to Separate Finances Early. ...
5. Trying Too Hard to Avoid Litigation.

What is the 10-10-10 rule for divorce?

Lawyer: The 10/10 rule means at least 10 years of marriage during at least 10 years of military service creditable toward retirement eligibility. [2] You have to qualify for 10/10 rule compliance in order for the monthly payments to Julietta to come from the government, and not from you writing a monthly check to her.

What is a divorced wife entitled to?

When it comes to divorce, there is no rule that dictates you are automatically entitled to a specific part of the marital assets, such as a strict 50/50 split. Instead, the entitlement to assets and financial settlements is largely influenced by the context of your marriage and its consequential needs.

Can I draw my ex-husband's Social Security if he is still alive?

Yes, you can draw Social Security benefits on your living ex-husband's record if you meet specific criteria: you were married 10+ years, you're currently unmarried, you're at least 62 (or 60 if disabled), your ex is eligible for benefits (even if not claimed yet), and your own benefit is less than what you'd get from his record. You can get up to 50% of his Full Retirement Amount (FRA), but it's reduced if you claim before your own FRA; he won't be notified and his benefits aren't affected. 

How do I find out how much my ex-husband's social security benefits are?

To find out your ex-husband's potential Social Security benefit amount, create a my Social Security account at ssa.gov/myaccount/, use the "Calculate a benefit for a current or former spouse" tool, or contact the Social Security Administration (SSA) directly, as they can provide estimates based on his earnings record, but you'll need your marriage/divorce documents and potentially his SSN. 

What can cause you to lose your social security benefits?

You can lose or have your Social Security benefits reduced by earning too much while collecting early, failing to meet work credit requirements, getting incarcerated, not reporting changes (like income or living abroad), or through legal garnishments for things like back taxes, child support, or alimony. Beneficiaries can also voluntarily suspend benefits for higher future payments, affecting other family benefits but not divorced spouses. 

Can my ex-wife get my Social Security if I remarry?

Yes, your ex-wife can get your Social Security benefits even if you remarry, as long as she meets eligibility rules (married 10+ years, unmarried, age 62+) and your benefit is higher than her own, because divorced spouse benefits are based on your record, not your new spouse's. Remarriage typically ends these benefits, but exceptions exist, and she can still claim survivor benefits on your record if you pass away, even if you're remarried (if she's 60+, or 50+ if disabled). 

Is it smarter to get the house or retirement money in a divorce?

Divorcing individuals must often choose between homeownership and retirement readiness. The ongoing costs of homeownership may impact your ability to save for retirement each month. In addition, keeping the home in the divorce may mean giving up retirement assets.