How Does Divorce Affect the Collection of Social Security?
Social Security benefits are the most important source of retirement income in the United States. Here’s information on whether or not a woman can collect her ex-husband’s social security.
Social Security is a federal government program that provides retirement, disability and survivor benefits to qualifying individuals. Even following a divorce, one may still be eligible to collect Social Security from their ex-spouse.
What are the Eligibility Requirements for Collecting an Ex-Spouse’s Social Security?
A spouse may be eligible to collect some of their ex-spouse’s Social Security if they meet all of the following requirements:
- The couple was married for at least 10 years.
- The spouse attempting to collect Social Security must be at least age 62 (the qualifying age for Social Security).
- The spouse attempting to collect Social Security must not be married at the time they become eligible for Social Security.
- The spouse collecting Social Security must be eligible for retirement or disability benefits.
How Much Social Security Benefits Can I Collect as an Ex-Spouse?
A spouse is eligible to collect up to 50% of their ex-spouse’s primary insurance amount. The age at which the spouse files for Social Security determines the amount they are eligible to receive – filing at full retirement age (currently 66 years and 2 months, and will rise to 67 years for those born in 1960 and later) will get the spouse that 50% maximum, but filing earlier can reduce the benefit amount.
If the spouse is already eligible for retirement benefits, the Social Security Administration (SSA) will distribute that amount first. If the ex-spouse’s benefit amount is higher, the SSA will make an additional installment payment to the first spouse so that the combination of the benefits equals the ex-spouse’s higher amount. The spouse is eligible for, and will receive the higher of the two: their own retirement benefits or their ex-spouse’s benefits.
How to Apply for Social Security Benefits as an Ex-Spouse
A spouse can apply for Social Security benefits online through an application form or from their My Social Security account, by phone at 800-772-1212, or by making an appointment at their local Social Security office. When applying for Social Security, documents proving eligibility may be required, including proof of United States citizenship or legal immigration status, a marriage certificate, and a divorce decree.
To apply for benefits from an ex-spouse, one must have either the ex-spouse’s Social Security number or their birth date, place of birth, and names of their parents.
Related: Can a Spouse Claim Pension/Social Security in a Divorce?
FAQs About How Divorce Affects Social Security Collection
I want to collect Social Security benefits from my ex-husband. Do benefits paid to me affect the benefits he and his current spouse get?
No. Any benefits paid to you (an ex-spouse) do not affect the current benefits he and his current spouse (if applicable) receive.
If I’m a divorced widow, can I still collect Social Security benefits from my ex-husband?
Yes. According to the Social Security Administration’s website, the same general payment rules for current wives and widows also apply for divorced wives and widows. This means that you would also be able to apply for higher widow’s rates after your husband dies.
Will my ex-husband know that I’m filing for Social Security benefits based on his work record?
No, your ex-husband is not notified in order to protect your privacy.
Can my ex-husband collect Social Security benefits based on my work record?
Yes. The eligibility requirements, benefit amounts, and application process are the same for husbands collecting off of their ex-wives’ work records as well.
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If you have any more questions on whether or not you can collect your ex-husband’s social security, contact us. Get your free consultation with one of our Property Division Attorneys in California today!