Can my wife touch my Social Security?

Yes, your wife can "touch" (receive) Social Security benefits on your record as a spousal benefit, potentially up to 50% of your full benefit, if you're already collecting retirement or disability, and she meets age (62+) or care requirements (for a young/disabled child), but she gets the higher of her own benefit or the spousal benefit, not both combined, and claiming early reduces the spousal amount.


Can a wife pull from her husband's Social Security?

When a worker files for retirement benefits, the worker's spouse may be eligible for a benefit based on the worker's earnings. Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care.

Who can touch your Social Security?

The U.S. federal government (for taxes, student loans, other federal debts), courts (for court-ordered child support, alimony, and victim restitution), and sometimes state agencies (for child support) can garnish Social Security benefits, but private creditors like credit card companies generally cannot, even with a court judgment, thanks to strong federal protections. The IRS can levy up to 15% for back taxes, and benefits are also vulnerable for defaulted federal loans and specific legal obligations. 


Is my husband's ex-wife really allowed to draw on his Social Security?

Yes, a divorced wife can often get Social Security benefits on her ex-husband's record if their marriage lasted at least 10 years, she's currently unmarried (unless caring for his child), she's at least 62 (or 50 if disabled), and her benefit on her own record is less than on his, with the ex-husband's benefit amount unaffected by her payments. These rules also apply to ex-husbands claiming on their ex-wives' records, ensuring equal treatment. 

Can my wife take my Social Security in a divorce?

Your current Social Security benefits are yours alone and cannot be taken by your ex-spouse, even after a divorce.


Spousal Social Security: How is Your Amount Determined?



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.

How much does a divorced spouse get from Social Security?

A divorced spouse can get up to 50% of their ex-spouse's full retirement benefit, or even 100% if the ex-spouse dies, but the amount depends on when they claim; claiming early (after age 62) reduces the benefit, while waiting until their own Full Retirement Age (FRA) yields the maximum 50% (or 100% survivor) amount, with no impact on the ex-spouse's benefit, provided the marriage lasted 10+ years and they are unmarried. 

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 long do you have to be married to a man to get his Social Security?

To get spousal Social Security, you generally must have been married for at least one continuous year, but exceptions exist, especially for divorced spouses who need a 10-year marriage, or if you're caring for your spouse's young/disabled child. You must also be at least 62 (or younger if caring for a qualifying child), and your spouse must be collecting their own retirement benefits (unless you are widowed). 

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.
 

What debts can garnish Social Security?

For most debts, creditors cannot take your Social Security benefits directly. However, there are key exceptions — such as unpaid federal taxes, defaulted student loans, child support and certain legal judgments — that can result in garnishments.


Can Social Security take money from my bank account after death?

Yes, Social Security (SSA) can and will reclaim any overpaid benefits after a recipient dies, typically by debiting the bank account where deposits were made for the month of death or later; the bank often freezes the account and returns the funds to the SSA, so it's crucial to report the death immediately and contact the bank to arrange for the return of funds to avoid legal issues, as these funds must be repaid. 

Why should seniors not worry about old debts?

Seniors often don't need to worry about old debts because federal law protects core retirement income (Social Security, pensions, VA benefits) from garnishment, making them "judgment proof," so collectors often give up; however, it doesn't erase the debt, and they still face potential harassment and credit score damage, but income protection means collectors can't take their essential funds, allowing seniors to focus on housing and other needs. 

What percentage of a husband's Social Security does a wife get?

A wife can receive up to 50% of her husband's full Social Security benefit, but this amount is reduced if she claims it before her own Full Retirement Age (FRA), potentially ranging from about 32.5% to 50%, depending on her age when claiming, with the most common scenario being half their combined income unless her own benefit is higher. The Social Security Administration (SSA) pays the highest benefit she's eligible for, not both combined, and it's based on her husband's earnings record, even if she worked. 


Do I get my husband's state pension if he dies?

In most cases, the State Pension cannot be passed on to anyone else. But you might be able to claim some of the money or increase your own State Pension if you were: married, or.

Can two wives collect Social Security from one husband if they?

Yes, multiple wives (current and/or ex-spouses) can collect Social Security survivor benefits from one deceased husband's record, as long as they meet specific eligibility rules (like marriage duration and age) and don't affect each other's payments, with each receiving up to 100% of his benefit, though total family benefits have a cap. 

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's the maximum Social Security benefit?

The maximum Social Security benefit depends on your retirement age, with the highest possible monthly amount in 2026 being around $5,181 for those retiring at age 70, while those retiring at Full Retirement Age (FRA) in 2026 can get up to $4,152, and starting at age 62 yields a maximum of about $2,969; to reach these figures, you must have earned the maximum taxable income ($184,500 in 2026) for at least 35 years.
 

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 are the three ways you can lose your Social Security?

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. 


Does my ex-wife still get half of my retirement if she remarries?

No. If you receive a benefit off your ex-spouse, it will not reduce their retirement benefit. And if your ex-spouse has remarried, both you and the new spouse may be eligible for spousal and survivor benefits. Benefits paid to you (the ex-spouse) will not affect the benefits of their new spouse.

Can I collect spousal benefits and wait until I am 70 to collect my own Social Security?

No, generally you cannot collect spousal benefits and simultaneously wait until age 70 for your own Social Security due to the "deemed filing" rule for those born after January 1, 2016. When you apply for spousal benefits, you are automatically deemed to have applied for your own retirement benefit too, and the Social Security Administration (SSA) pays the higher of the two amounts. This means you can't "restrict" your application to just spousal benefits to let your own grow unless you are on a deceased spouse's record (survivor benefits) or if you were born before 1954. 

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.


How long do you have to be married to collect spousal Social Security?

To collect spousal Social Security, you generally must have been married for at least one continuous year, but there are exceptions, especially for divorced spouses who need a 10-year marriage, and for parents caring for a spouse's child. You must also meet age requirements (usually 62 or caring for a child under 16/disabled) and your spouse must be collecting retirement or disability benefits (unless you are widowed). 

Can my ex-wife claim my 401k years after divorce?

Yes, an ex-wife can still claim a share of your 401(k) years after divorce if the divorce decree didn't properly divide it or if a Qualified Domestic Relations Order (QDRO) wasn't filed, as funds earned during the marriage are marital property, but it depends heavily on your original divorce settlement and state laws, often requiring a court to issue a QDRO to enforce the split, even years later, though some states have time limits.