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Home » Can a Divorced Person Collect Social Security From an Ex?
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Can a Divorced Person Collect Social Security From an Ex?

NoreenBy NoreenNovember 19, 2024No Comments5 Mins Read
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The Most impressive Question to Social security’S Benefit ex partner most of them they want to know some Situations like If my ex husband dies do I get his Social Security,If my ex husband remarried, can I get his Social Security and how much social security does a divorced spouse get?This page will answer it All of Questions.

Yes, You Can Collect Social Security from an Ex-Spouse

If you’re divorced and nearing retirement, it’s a good time to educate yourself about Social Security (SS) and to learn the ins and outs of collecting benefits from a divorced spouse.

First of all, yes, you can collect on your ex-spouse’s record if:

  • Have been married to that spouse for 10 years or more
  • Be at least age 62
  • Be currently unmarried

You can receive benefits on an ex-spouse’s record if you have been divorced for at least two continuous years and the ex-spouse has not applied for retirement benefits but can qualify for them.

How much social security does a divorced spouse get?

You can receive up to 50% of the amount your former spouse would receive in benefits at their full retirement age (this equation applies to all spouses, not just exes). This amount is not in addition to your own benefit — and again, your benefit has to be lower than half of your ex’s benefit in order for you to apply. In other words, if your monthly Social Security check (based on your own earnings record) would be $1,000, and your ex’s benefit would be $1,500, you would not be eligible for former spousal benefits ($1,000 is more than $750, which is half of $1,500).

When applying for Social Security on your own record, your timing affects the amount you receive. That is also the case when applying on your former spouse’s record. You can begin receiving benefits when you turn 62, but since you’d be applying for benefits before your full retirement age, your benefits would be permanently reduced by a percentage based on the number of months until your full retirement age. To get the full 50% of your ex’s benefit, you must wait until your full retirement age, but waiting beyond that age won’t get you any additional money like it does when applying on your own record.

A few more details:

  • If you start taking benefits at 62 and continue to work, you’ll be subject to the retirement earnings test. Your benefits could be reduced depending on the amount of income you earn.
  • If you were born before Jan. 2, 1954, and have already reached full retirement age, you can choose to receive only your ex’s benefit and delay receiving your own retirement benefit until a later date. This option, called filing a restricted application, is not available if you were born after the 1954 date.
  • If you receive a pension from an employer that did not withhold Social Security taxes (like a government), your benefits may be reduced according to the Government Pension Offset (GPO).
  • Taking benefits on your ex’s record will not reduce the amount they or their current spouse will receive.

And if, like Elizabeth Taylor, you have been married more than once, you can choose which spouse’s benefits you want to collect on.

How Do I Collect a Divorced Spouse’s Social Security?

According to the Social Security Administration (SSA)’s Retirement Planner: If You Are Divorced, when applying for benefits on your ex’s record, you’ll be asked a number of questions about your name and work history, and may need to provide:

  • A birth certificate or other proof of birth.
  • Proof of U.S. citizenship or lawful alien status if you were not born in the United States.
  • U.S. military discharge paper(s) if you had military service before 1968.
  • W-2 forms(s) and/or self-employment tax returns for last year.
  • Your marriage certificate.
  • Your final divorce decree.

The SSA will accept copies of tax and medical records, but needs the originals of most other documents, such as birth certificates. Don’t worry if you don’t know where your papers are located. “Do not delay applying for benefits because you do not have all the documents,” it says in bold letters on the SSA website. “We will help you get them.”

Know The 10 Year Rule

You must have been married to your ex for at least 10 years if you want to claim their Social Security benefits. If you were married and divorced more than once, and each marriage lasted the required 10 years, you are entitled to the higher of the two benefits. You can’t claim both.

If your former spouse remarries and their new spouse collects Social Security benefits based on your former spouse’s employment record, you can still collect based on your ex-spouse’s record.

How to Apply for Social Security Benefits As a Divorced Spouse

You can apply for benefits online by going to SSA.gov or making an appointment at your local Social Security office. To apply for benefits on a former spouse’s work record, you will need to know:

  • Your Social Security number and place of birth
  • Your recent work history
  • Your ex-spouse’s Social Security number and birthday
  • Dates you were married and divorced
  • City, state, and country where you got married
  • Your bank account and routing number for direct deposit5

When you apply for spousal benefits as a divorced spouse, Social Security will assume you are also applying for benefits on your own work record, and you’ll be eligible for the higher amount of the two. If your benefit is lower, Social Security will first pay you an amount based on your record, then make up the difference between that and what you’re eligible for on your ex-spouse’s record

Can a divorced person collect social security from an ex after How do I find out my ex husband's Social Security benefits how much social security does a divorced spouse get?
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