Can I Draw Social Security Off My Ex Husband If I Remarry

It is common 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 sure circumstances.

Equally a spouse, you have the option of claiming a Social Security retirement benefit based on your own earnings record or collecting a spousal benefit equal to half of your spouse'southward Social Security benefit. You lot are automatically entitled to whichever benefit is higher and you tin can collect on your spouse's record even if yous have never worked yourself.

As a divorced spouse you lot tin can collect benefits on your ex-spouse's record, even if the ex-spouse has remarried and even if the ex-spouse's new spouse is collecting on the same record.

Simply to get this benefit, you lot must come across the post-obit requirements:

You were married for at to the lowest degree 10 directly years
You lot are at least 62 years old
Your ex-spouse is eligible for retirement benefits
You are currently unmarried

If your ex-spouse has not still applied for retirement benefits simply can qualify for them, you tin can receive benefits on his or her record provided yous accept been divorced for at least two years.

In addition, if you lot have reached full retirement age and are eligible for both a spouse's do good and your own retirement benefit, you lot may have a choice, depending on your age. If you are 62 or older past the end of 2022, you will be able to cull which benefit you lot want at your full retirement historic period. When workers who are non 62 past the end of 2022 employ for spousal benefits, Social Security volition presume it is besides an application for benefits on the worker's record. The worker is eligible for the higher benefit, but he or she tin can't choose to take simply the spousal benefits and allow his or her ain benefits to keep increasing until historic period lxx.

If you remarry, you cannot receive benefits on your old spouse'due south record unless the new spousal relationship ends (by death, divorce, or annulment).

Survivors Benefits

If you are the divorced spouse of a worker who has passed away, yous could still be eligible for survivors benefits if the marriage lasted 10 years or more. You can receive reduced benefits starting at age 60 or full benefits at your full retirement age. Survivors benefits are equivalent to the deceased spouse's full Social Security benefit amount.

However, if you remarry earlier the historic period of 60, you cannot collect survivors benefits (unless the subsequently marriage ends for any reason). If you lot remarry after age 60, you can still receive survivors benefits based on your former spouse's tape. Nevertheless, if your new spouse is besides collecting Social Security benefits and y'all would receive a college amount based on the new spouse's piece of work record, you will receive the higher corporeality.

Once you reach total retirement age and are eligible for both a survivor's benefit and your own retirement benefit, you accept a option. A surviving spouse can choose to take survivor's benefits first (letting your ain benefits accrue) and then switch to retirement benefits later if the retirement do good is larger.

If you are caring for a child under historic period sixteen or disabled who is getting benefits on the record of your quondam spouse, you would not have to run into the 10-year marriage rule.

For more data on Social Security benefits for spouses and children, click hither.

Concluding Modified: 01/29/2016

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