How long do you have to be married to collect an ex-spouse Social Security?

To get benefits on an ex-spouse's Social Security record, you generally must have been married for at least 10 continuous years, be currently unmarried (unless widowed or caring for a child), be age 62 or older (or 50 if disabled), and your ex-spouse must be eligible for retirement/disability benefits (or deceased). You can claim divorced spousal benefits if your divorce ended at least two years prior, even if your ex hasn't filed, but the benefit amount depends on when you file.

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. 

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 happens to Social Security when you get divorced?

Divorce doesn't divide Social Security like other assets, but it allows a divorced spouse to claim benefits on an ex-spouse's record if the marriage lasted 10+ years, they're unmarried and age 62+, and their own benefit is lower, potentially getting up to 50% of the ex's amount without reducing the ex's benefit. Your own benefits aren't directly affected by the divorce, but you might get more if your ex's record is better, and if you've remarried, your eligibility shifts to your new spouse's record unless that marriage ends. 

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 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). 

What percent of Social Security does a divorced spouse get?

A divorced spouse can get up to 50% of their ex-spouse's Social Security benefit if they wait until their own full retirement age (FRA) to claim, but this amount is permanently reduced to as low as 32.5% if claimed at age 62, with incremental increases for each month delayed to FRA. Eligibility requires the marriage to have lasted at least 10 years, the couple must be divorced for at least two years, and the divorced spouse must be unmarried and at least 62. 

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. 

What money can't be touched in a divorce?

Money that can't be touched in a divorce generally falls under separate property: assets owned before marriage, gifts or inheritances (to one spouse), and some post-separation earnings, but only if kept completely separate (not mixed with marital funds) and documented, often protected by prenuptial agreements. Commingling (mixing) separate funds with marital assets, or failing to document gifts/inheritances, can turn untouchable money into marital property subject to division. 

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

To collect your spouse's Social Security, you generally must have been married for at least one continuous year, be age 62 or older (or caring for a qualifying child), and your spouse must be receiving benefits (unless you're a widow/widower). The one-year rule has exceptions, like if you're the parent of the worker's child, and for divorced spouses, the requirement is a 10-year marriage. 

Do you have to be married 10 years to get survivor benefits?

Ex-spouses who were married for at least 10 years, as well as some valid non-marital legal relationships, may be eligible. You might be eligible regardless of age and how long you were married.

How do I find out my ex-spouse's Social Security benefit?

To find out about your ex-spouse's Social Security benefits, you need to contact the Social Security Administration (SSA) (SSA) directly, as they won't tell you their benefit amount without your application, but you can use the SSA's online tools or visit an office to apply for divorced spousal benefits, which calculates your potential payout based on their record and your own, often paying the higher amount without notifying them. You'll need your marriage/divorce papers, and ideally your ex's SSN, but the SSA can find them with other info like name and date of birth. 

Is my ex-wife entitled to my pension if she remarries?

Whether your ex-wife keeps her share of your pension after remarrying depends on your divorce decree and the type of pension, but generally, if the pension was divided as marital property, remarriage doesn't end her right to it; however, if she receives alimony or survivor benefits (like military/government), those usually stop upon remarriage, especially before age 55, though exceptions exist for specific plan terms. 

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.

What is the 10 year marriage rule for Social Security?

The Social Security 10-year marriage rule allows a divorced spouse to collect benefits on an ex-spouse's record if the marriage lasted at least 10 years and other conditions (like being unmarried and age 62+) are met, without reducing the ex-spouse's benefits. This rule ensures that a lower-earning, non-working, or less-working spouse can still get benefits, typically up to 50% of the ex-partner's amount, and it's a way to provide financial support after divorce. 

What is the Social Security spousal benefits loophole?

The "Social Security spousal benefits loophole" referred to strategies like "file and suspend" and "restricted application" that allowed couples to maximize benefits by having the higher earner suspend their own claim (after full retirement age) so the lower earner could claim a spousal benefit, while the higher earner's benefit grew, but these were largely closed by the Bipartisan Budget Act of 2015 for most new applicants, making it harder to get spousal benefits without also claiming your own. A separate, lesser-known "loophole" exists for caregivers of disabled children, allowing a parent (often the mother) to receive spousal benefits earlier than usual.
 

What is the 10-10-10 rule for divorce?

Lawyer: The 10/10 rule means at least 10 years of marriage during at least 10 years of military service creditable toward retirement eligibility. [2] You have to qualify for 10/10 rule compliance in order for the monthly payments to Julietta to come from the government, and not from you writing a monthly check to her.

What is the biggest mistake during a divorce?

5 Biggest Mistakes You Must Avoid Making During Divorce

1. Waiting Too Long to File for Divorce. It's natural to want to wait to file for divorce. ...
2. Waiting Too Long to Hire an Attorney. ...
3. Moving Out of the Marital Home Too Soon. ...
4. Failing to Separate Finances Early. ...
5. Trying Too Hard to Avoid Litigation.

What exactly is a silent divorce?

Now, rather than dealing with the massive upheaval of a full legal split, some couples are ending things more quietly. The name for this phenomenon is silent divorce, and it's when a pair is no longer together emotionally or physically, but remains legally married.

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.

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. 

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.

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 much SSI will I get from my ex-husband?

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). 

How long must you be married to get benefits?

To qualify for spousal benefits: Your spouse must already be collecting their own benefit. You must have been married to your spouse for at least one year. You must be at least 62 years of age.