Can you collect Social Security from your ex husband if you are remarried?

Generally, if you remarry, you cannot collect Social Security benefits on your ex-husband's record while your new marriage is active, but you can if your current marriage ends (divorce, death) and you meet other requirements, or if you remarried after age 60 (or 50 if disabled) and your ex-husband is deceased. Key requirements for divorced spouse benefits include being married at least 10 years, your ex being at least 62, and you being unmarried when you apply.

Can I collect an ex-spouse's Social Security?

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. 

Can I get 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. 

Can my wife get half of my Social Security?

Yes, your wife can get up to half of your Social Security benefit as a spousal benefit, but it depends on her age and if her own benefit isn't higher, with the full amount paid at her Full Retirement Age (FRA), or less if claimed earlier (as early as 62). The SSA automatically pays the higher of her own retirement benefit or the spousal benefit, not both combined. 

Does remarriage affect divorced spouse benefits?

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.

How Divorced Social Security Spousal Benefits Work

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.

What are the disadvantages of remarrying after divorce?

One of the biggest disadvantages of second marriage is the emotional baggage each partner may bring. Past trauma, trust issues, or unresolved feelings from previous relationships can affect the dynamics of the new marriage.

How much Social Security does a divorced spouse get?

A divorced spouse can receive up to 50% of their ex-spouse's full retirement benefit, provided the marriage lasted at least 10 years, the ex-spouse is entitled to retirement/disability benefits, and the former spouse is unmarried and at least 62 (or caring for the ex's child). Benefits are paid on the ex's record if it's higher than their own, starting as low as 32.5% at age 62 and increasing to 50% at full retirement age (FRA), with no impact on the ex-spouse's benefit amount. 

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 a woman have to be married to get her husband's Social Security?

Qualifying spouse beneficiaries must be married to the retiring spouse for at least one continuous year prior to applying for benefits, with certain exceptions. Yes, up to 50 percent of spouse's PIA if spouse is still living.

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. 

Will I lose my ex-husband's pension if I remarry?

Current Marital Status: The ex-spouse must be unmarried at the time they apply for ex-spousal benefits. If they remarry, they generally lose the right to collect on the prior spouse's record, unless the new marriage ends (by divorce, annulment, or death).

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. 

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 current wife and ex-wife collect Social Security?

Yes, a current wife and an ex-wife can both collect Social Security benefits on the same person's work record if they meet separate eligibility criteria, but the ex-wife must qualify as a "divorced spouse" (usually married 10+ years, not remarried) and the current wife as a "spouse," with the SSA paying the higher spousal benefit for each, ensuring the ex's claim doesn't reduce the current wife's, or vice-versa, as each is a distinct family benefit, according to this article from MFS and this Social Security Administration FAQ. 

What is the 2025 Social Security spousal rule?

Social Security spousal benefit rules for 2025 largely follow existing guidelines: you can receive up to 50% of your spouse's Full Retirement Age (FRA) benefit, with the amount decreasing if claimed before your own FRA (typically age 67 for those born 1960+). Key factors include needing a valid marriage (or divorce after 10+ years for divorced spouses), your spouse already receiving benefits (unless widowed), and your own benefit being lower than the spousal amount. A major 2025 update is the end of the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) for most, meaning non-covered pensions no longer reduce spousal/survivor benefits, with adjustments and back pay starting in 2025. 

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 I get my ex husband's Social Security if he remarried?

Yes, you can likely get Social Security benefits on your ex-husband's record even if he remarried, provided you were married at least 10 years, you are currently unmarried (or remarried after age 60), are at least 62, and your benefit would be more than on your own record. His remarriage doesn't affect your eligibility, and claiming benefits won't reduce his or his new spouse's payments; the Social Security Administration (SSA) will simply pay you up to 50% of his Primary Insurance Amount (PIA). 

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

To claim your ex-husband's Social Security, you must meet specific requirements (like being unmarried, married 10+ years, and age 62+), then apply online, by phone, or at a local Social Security office with your marriage certificate, divorce decree, and your ex's SSN, though the process is confidential and won't affect his benefits, says the SSA and financial experts https://www.ssa.gov/forms/ssa-2.html, https://www.hartfordfunds.com/insights/investor-insight/navigating-longevity/social-security/understanding-social-security-benefits-after-divorce.html,. 

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.

What is the 2 2 2 2 rule in marriage?

The 2-2-2 Rule in marriage is a relationship guideline to keep couples connected by scheduling regular, focused time together: a date night every two weeks, a weekend getaway every two months, and a week-long vacation every two years. It's designed to prevent couples from drifting apart by creating intentional, distraction-free moments for communication, fun, and intimacy, fostering a stronger bond and preventing boredom, though flexibility is key, especially with kids or finances. 

What benefits do I lose if I remarry?

Normally, remarriage before age 60 will stop you from collecting survivor benefits on your late spouse's work record. However, SSA makes an important exception for people who remarry later in life. General rule: If you remarry before age 60, you usually can't receive survivor benefits from a deceased spouse.

How much will my ex-wife get from my Social Security?

The maximum ex-spousal benefit is up to 50% of the higher earner's benefit and capped at their full retirement age (FRA) amount, also known as the Primary Insurance Amount or PIA. Most will get a higher benefit based on their own record, rather than an ex-spouse's.

How long do you have to be married to draw your spouse's Social Security?

To draw your spouse's Social Security, you generally must have been married for at least one year, be age 62 or older (or caring for a young/disabled child), and your spouse must already be receiving retirement or disability benefits, though the one-year rule has exceptions if you're caring for their child or were already collecting benefits on another record. For divorced spouses, the marriage must have lasted at least 10 years, and you must be unmarried when you apply. 

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).