How does a divorced woman collect her husband's Social Security?

A divorced woman can collect her ex-husband's Social Security if married 10+ years, is currently unmarried, is at least 62, and her ex is eligible for benefits, by applying at the SSA website or local office with marriage/divorce papers, receiving up to 50% of his benefit without affecting his or his new spouse's payments. Applying at her own full retirement age maximizes the benefit (50%), while claiming earlier (from 62) reduces it.

What are the rules for ex-spouse Social Security?

You can get Social Security benefits on an ex-spouse's record if your marriage lasted 10+ years, you're unmarried, you're at least 62, and the benefit on their record is more than your own, with rules generally applying to ex-husbands and ex-wives equally. You can claim benefits as early as 62 (reduced), but get 50% of their full benefit at your Full Retirement Age (FRA); the ex-spouse doesn't need to be receiving benefits, but if they aren't, you generally must wait two years after the divorce to apply. 

How to get 50% of spouse's Social Security?

The easiest way to get half of your spouse's Social Security benefit in retirement: You must claim at your full retirement age (FRA) or later, and your spouse must be taking benefits. That covers most married couples, although there are some exceptions and rules that might cause you to get a smaller benefit.

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 collect my spouse's Social Security instead of mine?

Yes, you can collect Social Security benefits based on your spouse's earnings record, often called spousal benefits, instead of your own if it's a higher amount, but you must meet eligibility criteria like being 62+, and your spouse must be receiving their own benefits; if you're eligible for both, the Social Security Administration (SSA) pays the higher of your own benefit or the spousal benefit, not both. Claiming spousal benefits doesn't reduce your spouse's payment, and you can switch to your own larger benefit later if you're eligible for both. 

How Divorced Social Security Spousal Benefits Work

Can I collect my ex-husband's Social Security and my own at the same time?

Yes, you can collect benefits on your own record and potentially on your ex-husband's record, but you'll receive the higher of the two amounts, not both combined. To qualify for divorced spousal benefits, you generally must have been married for at least 10 years, be unmarried (unless you remarry after 60), and be at least 62 (or 60 if disabled/widow). 

How much does a surviving divorced spouse get from Social Security?

A surviving divorced spouse can get up to 100% of their deceased ex-spouse's full retirement benefit, similar to a widow's benefit, if they claim at their own full retirement age or older; otherwise, it's a reduced amount, starting around 71.5% if claimed between 60 and full retirement age. The benefit depends on the ex-spouse's earnings, and you must have been married at least 10 years and be unmarried, meeting specific criteria, AARP. 

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 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.

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.

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

You can't directly see your ex-husband's exact benefit amount, but you can contact the Social Security Administration (SSA) (toll-free at 1-800-772-1213) or visit your local office to ask what you could receive as a surviving divorced spouse, using your marriage/divorce details to get an estimate without notifying him. The SSA can tell you your potential survivor benefit, which is based on your own record and his, helping you plan, as it's confidential information. 

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.
 

Is a divorced wife entitled to her 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. 

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. 

When can my wife get 50% of my Social Security?

Your wife can get up to 50% of your Social Security benefit as a spousal benefit, but she must wait until she reaches her Full Retirement Age (FRA) to receive the maximum amount, and you must already be collecting your own Social Security. If she claims earlier (as early as age 62), the spousal benefit is permanently reduced, potentially to as low as 32.5% at age 62, with the percentage increasing as she approaches her own FRA (66-67). 

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 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.

Can I collect my husband's Social Security instead of mine?

Yes, you can receive Social Security spousal benefits based on your husband's earnings, which can be more than your own benefit, but you'll get the higher of the two amounts (your own or up to 50% of his). To qualify, you generally must be at least 62 (or caring for a qualifying child), and your husband must have already filed for his own benefits. If your own earned benefit is higher, you get that; if the spousal benefit is higher, you get that combined total, but you can't "switch" to it later if you started on your own record due to rules changes (deemed filing). 

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 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 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). 

Does an ex-wife get her ex-husband's Social Security when he dies?

Yes, you can get your ex-husband's Social Security benefits if you were married at least 10 years, are currently unmarried, and are at least 60 (or 50 if disabled) when you apply, receiving up to 100% of his benefit amount, which is often more than your own retirement benefit. You must apply with the Social Security Administration (SSA) and provide documents like the death certificate and your divorce decree. 

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 does Social Security get divided in a divorce?

If you're in California, you might be wondering how these benefits fit into your settlement. The straightforward answer is that Social Security isn't divided like other assets, but it still affects the overall financial picture of your divorce negotiations.