Can I collect my ex husband's Social Security before he does?

Yes, you can collect Social Security on your ex-husband's record before he does, provided you meet criteria like being divorced for at least two years, being unmarried, and being at least 62, and he is eligible (age 62+). Claiming early (before your Full Retirement Age) results in a permanently reduced benefit, but you can receive up to 50% of his benefit by waiting until your Full Retirement Age. Your ex won't be notified, and your claiming won't reduce his benefits.

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. 

When can I collect my ex-spouse's Social Security?

You can start collecting your ex-husband's Social Security benefits as early as age 62, provided you were married for at least 10 years, are currently unmarried, and he is eligible (or already receiving benefits). While you can file at 62, your benefit amount will be higher if you wait until your full retirement age (FRA), which is 67 for those born in 1960 or later, and even more if you delay past FRA, but new rules mean you can't collect just the spousal benefit if you're eligible for your own higher benefit at FRA. 

Does a divorced spouse get Social Security?

Yes, a divorced spouse can get Social Security benefits on an ex-spouse's record if the marriage lasted at least 10 years, the divorced spouse is currently unmarried, is at least 62 (or 50 if disabled), and the ex-spouse is eligible for retirement/disability benefits, even if the ex has remarried. Benefits are usually up to half the ex's amount, and if the divorced spouse qualifies for their own higher benefit, that's what they'll get. 

Can I take my husband's Social Security instead of mine?

Yes, you can receive Social Security spousal benefits based on your husband's earnings, which can be more than your own benefit, but you'll get the higher of the two amounts (your own or up to 50% of his). To qualify, you generally must be at least 62 (or caring for a qualifying child), and your husband must have already filed for his own benefits. If your own earned benefit is higher, you get that; if the spousal benefit is higher, you get that combined total, but you can't "switch" to it later if you started on your own record due to rules changes (deemed filing). 

How Divorced Social Security Spousal Benefits Work

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.
 

How do I apply for my ex-husband's Social Security?

To apply for your ex-husband's Social Security, you'll apply through the Social Security Administration (SSA) website or at a local office, needing documents like your marriage certificate, divorce decree, your SSN, and your ex-spouse's SSN, but your ex-spouse won't be notified, and you'll receive the higher amount of your own benefit or the spousal benefit if eligible. You must have been married for at least 10 years, be unmarried, and meet age/benefit requirements to qualify for divorced spouse benefits. 

How much of my ex-husband's SS will I get?

You can get up to 50% of your ex-husband's full Social Security retirement benefit if you wait until your own Full Retirement Age (FRA), but the amount is reduced (as low as 32.5%) if you claim earlier (starting at age 62). You'll receive the higher of your own benefit or the spousal benefit, and your ex's benefit isn't reduced, even if he remarries. Key requirements: marriage lasted 10+ years, you're unmarried, and you're at least 62 (or caring for his child under 16/disabled). 

What is the Social Security spousal benefits loophole?

The "Social Security spousal benefits loophole" referred to strategies like "file and suspend" and "restricted application" that allowed couples to maximize benefits by having the higher earner suspend their own claim (after full retirement age) so the lower earner could claim a spousal benefit, while the higher earner's benefit grew, but these were largely closed by the Bipartisan Budget Act of 2015 for most new applicants, making it harder to get spousal benefits without also claiming your own. A separate, lesser-known "loophole" exists for caregivers of disabled children, allowing a parent (often the mother) to receive spousal benefits earlier than usual.
 

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). 

What are the rules for collecting your spouse's Social Security?

To collect your spouse's Social Security, you generally must be at least 62 (or any age if caring for a qualifying child under 16 or disabled) and your spouse must already be receiving their own benefits; you'll get the higher amount of your own earned benefit or up to 50% of your spouse's benefit, but claiming early reduces the spousal amount, and you can even collect as a divorced spouse if married at least 10 years and meet other rules.
 

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 I prevent my ex-wife from getting my Social Security?

As long as you are at least age 62 and he is at least age 62, you can draw off of him even if he chooses to wait to start his own Social Security at 67 – 70. This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit.

What is the maximum spousal benefit?

3 The maximum spousal benefit is 50% of your spouse's FRA benefit if you claim at your FRA. 3 If you receive a spousal benefit before you reach FRA, it will be reduced and will not increase when you reach FRA.

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

Yes, a divorced woman can get her ex-husband's Social Security benefits if they were married for at least 10 years, she is unmarried, and she meets age requirements (usually 62+ for spousal, 60+ for survivor), with benefits up to 50% of his amount, or 100% if he dies, without affecting his or his current wife's payments. She receives the higher of her own benefit or the divorced spousal benefit. 

What is one of the biggest mistakes people make regarding Social Security?

Claiming Benefits Too Early

One of the biggest mistakes people make is claiming Social Security benefits as soon as they're eligible, which is at age 62. While getting money sooner can be tempting, claiming early has a significant downside: your monthly benefit will be reduced.

How much do you have to make to get $3,000 a month in Social Security?

To get around $3,000/month in Social Security, you generally need a high earning history, around $100,000-$108,000+ annually over your top 35 years, but waiting to claim until age 70 maximizes this amount, potentially reaching it with lower yearly earnings, say under $70k if you wait long enough, as benefits are based on your highest indexed earnings over 35 years. The exact amount depends heavily on your specific earnings history and the age you start collecting benefits. 

Why do I only get half of my ex-husband's Social Security?

Social Security benefits for a divorced spouse are calculated based on the ex-spouse's earnings record or their own earnings record, depending on which one is higher. You're entitled to half of your ex's benefits if you start collecting once you reach your full retirement age (FRA).

At what age can I start collecting my ex-husband's Social Security?

You can start collecting your ex-husband's Social Security benefits as early as age 62, provided you were married for at least 10 years, are currently unmarried, and your own retirement benefit isn't higher. If your ex-husband is deceased, you can claim survivor benefits at age 60 (or 50 if disabled), even if remarried after age 60. A key factor is that you don't have to wait for your ex-spouse to claim their own benefits if you've been divorced for at least two years. 

Can I take my ex-husband's Social Security instead of mine?

You are eligible to receive one-half (50%) of your ex-spouse's retirement benefit. If your ex-spouse should die before you, you can receive their full retirement benefit. The benefit does not include any delayed retirement credits your ex-spouse may receive.

How much do you get from your ex-husband's Social Security?

You can get up to 50% of your ex-husband's full Social Security retirement benefit if you wait until your own Full Retirement Age (FRA), but the amount is reduced (as low as 32.5%) if you claim earlier (starting at age 62). You'll receive the higher of your own benefit or the spousal benefit, and your ex's benefit isn't reduced, even if he remarries. Key requirements: marriage lasted 10+ years, you're unmarried, and you're at least 62 (or caring for his child under 16/disabled). 

Why would spousal benefits be denied?

Common reasons for denial:

Your deceased spouse must have earned a certain number of credits for you to qualify for benefits. The SSA offers a handy calculator to determine the required credits. Remarriage before age 60: Remarrying before age 60 usually makes you ineligible for benefits.

What are the three ways you can lose your social security benefits?

You can lose Social Security benefits by working while collecting early, leading to earnings limits; incarceration, which suspends payments; or through garnishment for federal debts like taxes, student loans, or child support, along with other factors like remarriage or changes in disability status. 

Can you collect both spousal benefits and your own Social Security?

Yes, both you and your spouse can collect Social Security, either on your own earnings records or by claiming a spousal benefit, and you'll receive the higher of the two amounts if you're eligible for both, with spousal benefits potentially reaching up to 50% of your spouse's primary benefit if claimed at your full retirement age. Claiming strategies can differ, with one spouse often waiting longer to maximize benefits for the household.
 

How do I draw my ex-husband's Social Security?

To apply for your ex-husband's Social Security, you'll apply through the Social Security Administration (SSA) website or at a local office, needing documents like your marriage certificate, divorce decree, your SSN, and your ex-spouse's SSN, but your ex-spouse won't be notified, and you'll receive the higher amount of your own benefit or the spousal benefit if eligible. You must have been married for at least 10 years, be unmarried, and meet age/benefit requirements to qualify for divorced spouse benefits.