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

To get your spouse's Social Security, you generally must have been married for at least one year, be at least 62 (or caring for a child under 16/disabled), and your spouse must be receiving their own benefits, though the one-year rule has exceptions like being a parent of their child; for divorced spouses, the marriage must have lasted at least 10 years.

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. 

How long do you have to be married to your husband to collect his 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. 

Can I stop 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.

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 Long Do I Have To Be Married For My Spouse To Get Social Security Spousal Benefits?

Does a second wife get her husband's Social Security?

Yes, a second wife can get Social Security benefits from her husband's record, either as a current spouse (if married at least a year, he's collecting, and she's 62+) or as a widow (if married 9+ months at death, or longer if divorced), but remarriage before age 60 can end survivor benefits unless the new marriage ends, though she can still get spousal benefits from the new husband if eligible, notes ElderLawAnswers, Finivi, and Social Security Administration (SSA). If the husband dies, both the current second wife and a prior ex-wife (if qualified) can potentially receive survivor benefits on his record, as they don't reduce each other's payments, say Reddit users. 

Can a divorced wife collect her ex-husband's Social Security?

Yes, a divorced wife can collect her ex-husband's Social Security if married at least 10 years, is currently unmarried, and the ex is at least 62 (or already receiving benefits) and you've been divorced for 2 years, receiving up to 50% of his benefit, without affecting his or his new spouse's payments. You get the higher of your own or the spousal benefit, and if he dies, you can get survivor benefits.
 

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

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. 

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.

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.

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.

Can I claim my ex-husband's pension if he dies?

Yes, you can often claim a portion of your ex-husband's pension if he dies, especially if your marriage lasted 10+ years and you meet age/remarriage rules, but it heavily depends on the type of pension (Social Security vs. private/government) and what was in your divorce decree, often requiring a Qualified Domestic Relations Order (QDRO) for private plans to secure lifetime survivor benefits, so check with the plan administrator and SSA. 

How many years do you have to be married to collect on your husband'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. 

Why do you have to wait 30 days after marriage to change Social Security?

They should wait at least 30 days after the date of the marriage to request a replacement card with a name change. This allows the state time to update its records. They will need to have their marriage certificate and proof of identification available when using our online application.

What is the loophole for married couples Social Security?

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 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.
 

When a husband dies does his wife get his Social Security?

Yes, a widow can get her deceased husband's Social Security as a survivor benefit, usually receiving up to 100% of his amount if she waits until her own full retirement age (FRA), or as early as age 60 (age 50 if disabled), or any age if caring for a young child, though benefits are reduced if taken early or if she earns over certain limits. She receives the higher of her own benefit or the survivor benefit, not both combined. 

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

Yes, a divorced woman can get her ex-husband's Social Security benefits if they were married for at least 10 years, she is unmarried, and she meets age requirements (usually 62+ for spousal, 60+ for survivor), with benefits up to 50% of his amount, or 100% if he dies, without affecting his or his current wife's payments. She receives the higher of her own benefit or the divorced spousal benefit. 

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.

Can my ex-wife claim my 401k years after divorce?

Yes, an ex-wife can still claim a share of your 401(k) years after divorce if the divorce decree didn't properly divide it or if a Qualified Domestic Relations Order (QDRO) wasn't filed, as funds earned during the marriage are marital property, but it depends heavily on your original divorce settlement and state laws, often requiring a court to issue a QDRO to enforce the split, even years later, though some states have time limits. 

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). 

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 disqualifies you from Social Security survivor benefits?

You can be disqualified from Social Security survivor benefits through remarriage before age 60 (or 50 if disabled), earning too much income while under full retirement age, incarceration, or if your own retirement benefit is higher than the survivor benefit. Specific disqualifiers also include certain criminal convictions or residing in a restricted country, while family relationships (spouse, child, dependent parent) and the deceased's work record determine basic eligibility.