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Can I Collect Social Security from My Ex-Spouse?
Dear Savvy Senior, Dear Never, Yes, depending on your specific circumstances, you may very well be eligible for divorced spouses Social Security benefits. Here's what you should know.
Who's Eligible? In order to collect, your former spouse must also be at least 62 and eligible for Social Security benefits. But he doesn't have to be receiving them in order for you to collect divorced spouse's benefits, as long as you've been divorced for at least two years. Even if your ex is remarried, it won't affect your right to divorcee benefits, nor will it affect your ex's retirement benefits or his current spouse's benefits.
Benefit Amount Keep in mind though, that if you qualify for benefits based on your own work history, you'll receive the larger of the two benefits. You cannot receive benefits on both your record, and your ex's work record too. To find out how much your retirement benefits will be, see your Social Security statement at SSA.gov/myaccount. And to get an estimate of your ex's benefits, call Social Security at 800-772-1213. You'll need to show your marriage certificate and divorce decree to prove your marriage lasted at least 10 years along with his Social Security number to get it.
Other Factors to Know Another factor that can reduce your divorced spouse's benefits is receiving a pension from an employer that did not withhold Social Security taxes (like a government). This is a rule know as Government Pension Offset (see SSA.gov/benefits/retirement/planner/gpo-calc.html) which can reduce your benefits by two-thirds of the amount of your pension.
Divorced Survivor's Benefits Survivor benefits are available to divorced spouses as early as age 60 (50 if you're disabled). But if you remarry before 60, you become ineligible unless the marriage ends. Remarrying after age 60 will not affect your eligibility. Also note that if you are receiving divorced spouses benefits when your ex-spouse dies, you will automatically be switched over to the higher paying survivor benefit. For more information visit SSA.gov/benefits/retirement/planner/applying7.html and click on "Benefits for Your Divorced Spouse." |