Do you lose your ex-spouse's Social Security?

No, you generally don't lose your eligibility for an ex-spouse's Social Security just by getting divorced; in fact, you can often collect benefits on their record (up to 50% of their primary benefit) if you were married 10+ years, are unmarried, and meet age/benefit criteria, and it won't reduce their or their current spouse's benefits. You can claim even if your ex hasn't filed yet (after two years of divorce), and clauses in divorce decrees trying to waive this right are invalid.


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. 

What percentage of my Social Security is my ex-wife entitled to?

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.


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. 

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

Without a court order requiring your ex-spouse to apply for Social Security benefits, you cannot force her to do so. Continuing alimony payments may be necessary unless modified by the court. To change this, consider filing a petition to modify alimony based on retirement and eligibility for Social Security benefits.


How Divorced Social Security Spousal Benefits Work



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.

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. 

Do I get my ex-husband's Social Security if he dies?

Yes, you can get your ex-husband's Social Security survivor benefits if he dies, provided you meet specific criteria: your marriage lasted at least 10 years, you are age 60 or older (50 if disabled), you haven't remarried before age 60 (or 50 if disabled), and your benefit on your own record isn't higher than his. You'll receive up to 100% of his basic benefit amount, and if you're already collecting a smaller benefit on your own record, the survivor benefit will be the higher amount. 


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.

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.

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).


How do I know if my ex-wife is collecting my Social Security?

SSA will not disclose if your ex spouse is receiving benefits unless they are receiving in on your record. You can call and ask if anyone is drawing off your ssn.

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. 

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 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.

How long do you have to be divorced before you get remarried?

Specifically, you may want to know how long after divorce can you remarry in California. You cannot remarry until your old marriage is legally over. Additionally, you have to wait at least six months before you can remarry.

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.


How long do you have to stay married to get your green card?

You don't need a minimum marriage time to apply for a green card, but the length of your marriage (under or over two years when approved) determines if you get a 2-year conditional green card or a 10-year permanent one; the key is a genuine, "bona fide" marriage, not just time served, though a longer marriage often indicates a stronger, more established relationship, leading directly to permanent status. 

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

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.

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

you're eligible for some of your ex's Social Security

wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.


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

Yes, in most cases, remarrying will end your eligibility for Social Security benefits on your ex-husband's record, as you become a "current spouse" to your new partner and must claim from their record (if eligible) or your own; however, there are exceptions, like if you remarry after age 60 (or 50 if disabled) and your ex-husband is deceased, or in very specific situations involving your new spouse's benefits. You must report any remarriage to the Social Security Administration (SSA) to ensure correct payments. 

Can I collect my ex-husband's Social Security if it's more than mine?

Here is a start You can draw Social Security benefits on your ex-spouse's record if your marriage lasted at least 10 years, you are currently unmarried, and you are at least 62 years old. You can apply for benefits at age 62, but the payment amount will be permanently reduced.

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 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 soon can I collect on 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 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.