How do I claim my divorced spouse'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.

Can a divorced woman claim her ex-husband's 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. 

How do I apply for SSA spousal benefits?

To apply for spousal Social Security benefits, you can apply online at ssa.gov/apply, by calling the Social Security Administration (SSA), or by scheduling an in-person visit to a local office, but you'll need personal info, your spouse's info, marriage/divorce details, and potentially your W-2s to prove eligibility, with online being fastest. 

What is the 10 year spouse rule for Social Security?

If you are age 62 or older and were married to your ex for at least 10 years, you may be able to collect monthly payments equivalent to about one-third to one-half of your former spouse's Social Security benefit, as calculated from their lifetime earnings history.

Can I draw my husband's Social Security?

Yes, you can draw Social Security on your husband's record as a spousal benefit, potentially receiving up to half of his benefit amount (or more, depending on timing and if you're a widow), provided you meet age and marriage requirements (usually married 1 year, or 10 if divorced) and he's already collecting benefits. You'll get the higher amount between your own benefit and the spousal benefit, but claiming early (before your full retirement age) reduces the amount, while waiting increases it. Claiming on his record doesn't affect his payment. 

How Divorced Social Security Spousal Benefits Work

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 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.
 

How long did I have to be married to collect my ex-husband's Social Security?

A divorced spouse must have been married 10 years to get spouse's benefits. See Retirement Benefits: Benefits For Your Spouse for more information. An official website of the Social Security Administration.

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.

Is it better to file separately if one spouse is on Social Security?

If you received Social Security or railroad retirement benefits and lived with your spouse at any time in the year, more of your benefits could be taxable with a separate tax return.

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 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.

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 are the requirements to draw your ex-husband's Social Security?

Who is eligible for an ex-spouse's Social Security benefits?

• You were married to that spouse for 10 years or more and have been divorced for at least 2 years (only applies if that spouse isn't claiming yet).
• You're at least 62 years old.
• You're currently unmarried.

How do I apply for Social Security as a divorced spouse?

Form SSA-2 | Information You Need to Apply for Spouse's or Divorced Spouse's Benefits. You can apply: Online, if you are within 3 months of age 62 or older, or. By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.

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

Yes, your ex-wife can get a portion of your Social Security check (up to 50% of your benefit) if you were married for 10+ years, she's unmarried and age 62+, and her own benefit is less than what she'd get from your record, and this doesn't reduce your payments or affect your current spouse's benefits. She can apply even if you're not collecting yet (if you're 62+ and divorced 2+ years), and the Social Security Administration (SSA) won't tell you she's getting it. 

Is there a time limit to claim ex-spouse benefits?

You must be at least 62 years old. You and your ex-spouse must have been married for a minimum of 10 consecutive years and divorced for at least two. (Note: You can file for divorced spousal benefits within the two-year period if your ex-spouse has already begun receiving their benefit.)

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 do I find out my ex-husband's Social Security benefits?

To find out about your ex-husband's Social Security benefits as a divorced spouse, you must contact the Social Security Administration (SSA) directly, as they handle this confidential information; you'll need his name, date of birth, and Social Security Number (SSN), and your own documents (birth certificate, marriage/divorce papers) to apply for an estimate or benefits at your local SSA office, online, or by phone, and your ex won't be notified. 

How long do you have to be married to draw an ex-husband's Social Security?

Divorced Spouse's Benefits

If you were married for at least 10 years before your divorce, your ex-spouse may qualify to receive benefits on your record. Or, you may qualify for benefits as an ex-spouse on his or her record.

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.
 

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. 

What percentage of Social Security benefits does a divorced spouse get?

You can receive up to 50% of your ex-husband's full Social Security retirement benefit, but the exact percentage depends on when you claim, ranging from around 32.5% if claimed at age 62 up to 50% at your own Full Retirement Age (FRA). This benefit is paid by the Social Security Administration (SSA) based on your ex-spouse's earnings record, provided you were married at least 10 years, are unmarried, and your ex is receiving or eligible for retirement/disability benefits. 

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.