Can A Divorced Woman Draw Benefits Off Of Her Ex Husbands Social Security If He Is Still Alive

It is mutual knowledge that husbands and wives are entitled to collect Social Security benefits on their spouses' work records. Less well known is that this benefit applies to divorced spouses as long as the spouse has not remarried. Divorced spouses are fifty-fifty entitled to survivor benefits in certain circumstances.

As a spouse, you accept the pick of claiming a Social Security retirement benefit based on your ain earnings record or collecting a spousal benefit equal to half of your spouse's Social Security benefit. You are automatically entitled to whichever benefit is higher and you can collect on your spouse's tape fifty-fifty if yous have never worked yourself.

As a divorced spouse y'all can collect benefits on your ex-spouse's record, even if the ex-spouse has remarried and even if the ex-spouse'due south new spouse is collecting on the same record.

But to get this do good, yous must come across the following requirements:

1. Yous were married for at least ten straight years
2. You are at least 62 years sometime
3. Your ex-spouse is eligible for retirement benefits
4. Y'all are currently unmarried

If your ex-spouse has non yet applied for retirement benefits but can qualify for them, you can receive benefits on his or her tape provided you accept been divorced for at least two years.

In addition, if you lot have reached full retirement historic period and are eligible for both a spouse's benefit and your own retirement benefit, y'all may have a selection, depending on your historic period. If you are 62 or older by the stop of 2022, you will exist able to cull which benefit you desire at your full retirement age. When workers who are not 62 past the end of 2022 apply for spousal benefits, Social Security will assume information technology is also an application for benefits on the worker'south record. The worker is eligible for the higher benefit, but he or she tin't cull to take just the spousal benefits and allow his or her own benefits to proceed increasing until age 70.

If you remarry, you cannot receive benefits on your former spouse'due south tape unless the new marriage ends (by death, divorce, or annulment).

Survivors Benefits

If yous are the divorced spouse of a worker who has passed away, you could yet be eligible for survivors benefits if the marriage lasted ten years or more. You tin can receive reduced benefits starting at age 60 or full benefits at your full retirement historic period. Survivors benefits are equivalent to the deceased spouse's total Social Security do good amount.

However, if y'all remarry before the age of 60, you cannot collect survivors benefits (unless the later on union ends for whatsoever reason). If you remarry after age 60, you tin can still receive survivors benefits based on your former spouse's tape. Still, if your new spouse is also collecting Social Security benefits and you lot would receive a higher amount based on the new spouse's piece of work record, yous will receive the college amount.

Once you reach full retirement historic period and are eligible for both a survivor's do good and your own retirement benefit, you take a selection. A surviving spouse can choose to have survivor'south benefits kickoff (letting your own benefits accumulate) and and so switch to retirement benefits later if the retirement benefit is larger.

If y'all are caring for a child under age sixteen or disabled who is getting benefits on the record of your former spouse, yous would not have to meet the 10-twelvemonth spousal relationship dominion.

For more information on Social Security benefits for spouses and children, click here.

Terminal Modified: 01/29/2016

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Source: https://www.elderlawanswers.com/how-do-divorce-and-remarriage-affect-social-security-benefits-14386

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