Can I draw Social Security off my ex husband if I remarry?

Yes, but it depends on your age when you remarried; you generally lose eligibility if you remarry before age 60 (or 50 if disabled), but can keep benefits on an ex-husband's record if you remarry after age 60 (or 50 if disabled) and your marriage to him lasted 10+ years, or if your new marriage ends. Remarriage to the same person or remarriage after your ex-spouse dies allows you to continue collecting benefits under specific rules.

Can you draw Social Security from an ex-spouse?

Yes, you can draw Social Security benefits from an ex-spouse if your marriage lasted at least 10 years, you are currently unmarried, and you are at least 62 (or 50 with a disability), provided your ex-spouse is eligible for benefits, and the benefit on their record is more than your own. Crucially, benefits paid to a divorced spouse do not reduce the ex-spouse's benefits or those of their current spouse, and divorce decree clauses trying to waive this right are invalid. 

When can my wife start collecting half of my 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. 

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

Yes, your ex-wife can still get benefits from your Social Security record even if you remarry, provided your marriage lasted at least 10 years, she's at least 62 (or 60 as a survivor), and she's unmarried (or remarried after 60/50 with disability) when she applies, because benefits on an ex-spouse's record are separate from your new spouse's, and your payments aren't reduced. She can claim her own benefit or a higher spousal benefit (up to 50% of yours) at her full retirement age, and if you die, she may qualify for a higher survivor benefit. 

Who qualifies for Social Security spousal benefits?

To qualify for Social Security spousal benefits, you generally must be at least 62 (or caring for a qualifying child/disabled child), married for over a year (unless divorced), and your spouse must be collecting retirement or disability benefits; the benefit is up to half your spouse's full amount, but you receive the higher of your own benefit or the spousal benefit. Divorced spouses have separate rules, requiring a 10-year marriage, two years divorced, and you can apply even if the ex isn't collecting yet (if divorced 2+ years).
 

Can I Remarry on Social Security?

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 long does it take to be married to qualify for spousal Social Security?

Those who apply for spousal benefits must have been married for at least one year. Your spouse must also have begun receiving Social Security benefits — unless you are widowed.

Will getting remarried affect my Social Security benefits?

When you remarry, your own retirement or disability benefits (based on your work record) usually continue unaffected, but receiving benefits as a surviving spouse (widow/widower) or divorced spouse on a former spouse's record generally stops unless you remarry after age 60 (or 50 if disabled). Remarriage after these ages doesn't end survivor benefits, but it might shift you to a different, potentially lower, spousal benefit on your new spouse's record if that's more generous. Always report your remarriage to the Social Security Administration (SSA) promptly. 

What is the 5 year remarry rule?

Waits 5 years from the date of obtaining status to file the petition; Establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading immigration laws; or. Establishes that the prior marriage ended through death.

Can my ex-wife get my retirement if I remarry?

Whether your ex-wife keeps her share of your pension after remarrying depends on your divorce decree and the type of pension, but generally, if the pension was divided as marital property, remarriage doesn't end her right to it; however, if she receives alimony or survivor benefits (like military/government), those usually stop upon remarriage, especially before age 55, though exceptions exist for specific plan terms. 

How does remarriage affect spousal benefits?

Divorced spouse's benefits – Generally, if you remarry, benefits paid to you on your former spouse's record stop. You should report your new marriage to us to avoid being overpaid.

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

This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. In fact, he probably won't even know if you are drawing off him unless he calls SSA to ask.

Why do you have to wait 30 days after marriage to change Social Security?

They should wait at least 30 days after the date of the marriage to request a replacement card with a name change. This allows the state time to update its records. They will need to have their marriage certificate and proof of identification available when using our online application.

How much SS will I get from my ex-husband?

You can get up to 50% of your ex-husband's full Social Security retirement benefit, but the amount depends on when you claim; you'll get less if you claim early (as little as 32.5% at age 62) and the full 50% at your own Full Retirement Age (FRA), and this benefit won't affect his or his new spouse's benefits, but your ex must be at least 62 and you must have been married 10+ years. 

Are you considered married if you've been together for 7 years?

No, you do not become legally married in California simply by living together for 7 years or any other length of time. The “7-year common law marriage” is a persistent myth. California does not recognize common law marriage established within its borders, regardless of how long a couple cohabitates.

What documents do I need to remarry after a divorce?

Marital status

• A decree absolute if you were divorced in this country or an original final divorce document with translation if the divorce took place abroad.
• A death certificate for your late husband or wife if you are widowed.

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.

Do I lose my ex-husband's Social Security if I remarry?

Yes, but it depends on your age when you remarried; you generally lose eligibility if you remarry before age 60 (or 50 if disabled), but can keep benefits on an ex-husband's record if you remarry after age 60 (or 50 if disabled) and your marriage to him lasted 10+ years, or if your new marriage ends. Remarriage to the same person or remarriage after your ex-spouse dies allows you to continue collecting benefits under specific rules. 

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

Yes, a divorced woman can often collect Social Security on her ex-husband's record if the marriage lasted at least 10 years, she's currently unmarried (unless she's a widow), is age 62 or older, and her benefit on her own record is less than half of his, with the ex-spouse's benefit being at least 62 and eligible for retirement. These payments don't reduce his or his current spouse's benefits, and remarriage after age 60 (or 50 for disability) doesn't stop payments from a deceased ex-spouse. 

At what age can I collect my ex-husband's Social Security benefits?

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. 

What is the Social Security spousal benefits loophole?

The main Social Security spousal benefit loopholes (file-and-suspend & restricted application) were closed by the 2015 Bipartisan Budget Act, affecting most people, but a specific "loophole" allows a caregiver spouse to claim benefits early if caring for a disabled or young child, bypassing normal age/filing rules, though this is a legitimate SSA provision for caregivers, not a true exploit, with benefits subject to family maximums.
 

Can I take my Social Security at 62 and then switch to spousal benefit?

No, generally you can't collect your own reduced Social Security at 62 and then switch to a higher spousal benefit later due to the "deemed filing" rule, which forces you to apply for both and receive the higher of the two; however, you can collect your own reduced benefit at 62, and if your spouse passes away, you can then switch to the higher survivor benefit, or if your spouse hasn't filed yet, you can get an "excess spousal top-up" to reach 50% of their amount (though still reduced if you're under your FRA). 

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.

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.