Please DO NOT POST questions in the comment section. They cannot be answered.
This post has lots of good information. The link to the Social Security Administration–SSA.gov–leads to even more. The resources posted by the government will answer all your specific questions. Everyone’s situation is different, but the basic principles are posted by the Social Security Administration. They also have other online resources and publications, staff located throughout the country, telephone access, in-person access, etc. Go to SSA.gov and look for the materials that pertain to your specific situation. If that doesn’t help, go to http://www.ssa.gov/pgm/reach.htm and you can find out other ways to contact the Social Security Administration.
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The Social Security Administration lists the criteria for claiming a divorced spouse’s insurance benefits:
A. The worker is entitled to retirement or disability insurance benefits;
B. You have filed an application for divorced spouse’s benefits;
C. You are not entitled to a retirement or disability insurance benefit based on a primary insurance amount which equals or exceeds one-half the worker’s primary insurance amount;
D. You are age 62 or over;
E. You are not married; and
F. You were married to the worker for 10 years before the date the divorce became final.
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The divorced spouse of a worker who is not entitled to retirement or disability insurance benefits, but who has reached age 62 and is fully insured, can become independently entitled to benefits on the worker’s earnings record. To do so, however, the divorced spouse must meet the requirements in (B)-(F) above and have been divorced from the worker for not less than two continuous years.
Benefits end when either
A.The spouse dies;
B. The worker dies (in this case the spouse may be entitled to widow(er)’s, mother’s, or father’s benefits);
C. The worker’s entitlement to disability insurance benefits ends and he or she is not entitled to retirement insurance benefits (unless the divorce spouse meets the requirements for an independently entitled divorced spouse, as explained in �311);
D. The spouse is under age 62 and there no longer is a child of the worker under age 16 or disabled who is entitled to child’s insurance benefits;
E. The spouse becomes entitled to retirement or disability insurance benefits and his or her primary insurance amount is at least one-half of the worker’s primary insurance amount;
F. The spouse and the worker are divorced, unless:
1. The spouse had already turned 62 when the divorce became final; and
2. The spouse and the worker had been married for 10 years before the date the divorce became final;
G. The spouse qualified for benefits only under the conditions explained in �306, and one of the following events occurs:
1. The spouse enters into a valid marriage with someone other than the worker;
2. Prior to January 1991, monthly benefits are awarded on the same earnings record to another person who qualifies as the legal spouse of the worker under the conditions in � 306; or
3. Prior to January 1991, the spouse obtains a divorce from the worker;
H. The spouse qualified for benefits only under the conditions explained in � 306 and later learns that the marriage is invalid;
I. The divorced spouse marries someone other than the worker. However, the divorced spouse’s benefit will not be ended by marrying an individual entitled to divorced spouse’s, widow(er)’s, mother’s, father’s, or parent’s monthly benefits, or to an individual age 18 or over who is entitled to childhood disability benefits; or
J. For an independently entitled divorced spouse, the worker is no longer fully insured or he or she marries the worker.
A spouse is not entitled to spouse’s insurance benefits for the month in which any one of the above events occurs.
Remarriage affects benefits as follows:
406.1 Does the remarriage of a widower or surviving divorced spouse affect widow(er)’s benefits?
Your remarriage after age 60 does not prevent you from becoming entitled to benefits on your prior deceased spouse’s Social Security earnings record.
406.2 Does the remarriage of a disabled widower or surviving divorced spouse affect widow(er)’s benefits?
Your remarriage does not prevent you from becoming entitled to benefits on your prior deceased spouse’s Social Security earnings records as long as:
Your remarriage occurs after you turn 50; and
Your remarriage occurs after you become disabled.
Note: If you remarry before you turn 50, you will not be entitled to survivor’s benefits, unless the marriage ends.
406.3 How does remarriage of a widow(er) or a surviving divorced spouse before age 60 affect widow(er)’s benefits?
If you remarry before age 60, you will not be entitled to survivor’s benefits, unless:
Your subsequent marriage ends, whether by death, divorce, or annulment; or
Your marriage occurred after age 50 and you were entitled to benefits as a disabled widow(er) or disabled surviving divorced spouse.
406.4 How does the termination of a remarriage of a widow(er) or surviving divorced spouse before age 60 affect widow(er)’s benefits?
If you remarry before you turn 60 and that marriage ends, you may become entitled or re-entitled to benefits on your prior deceased spouse’s earnings record. Your benefits begin the month the subsequent marriage ends. If the remarriage was absolutely void or was annulled from the beginning, see �1853.
I was married to a man Just under 10 years and would like to know what rights I will have to his SS, 401 and or IRA? We had two children together. He remarried, However I did not. I am currently unemployed and will not be eligible for another 7 years for SS. Please respond.
i got married to a man in 1964 and was divorced in 1976. He remarried and so did i. He died around1985. Would i be eligible to collect any ss from him at all. I also do not know his ss#. I would appreciate a answer. Thank you
Yolanda Stephens
I was married to a man for 5 years and he died. I drew SS until my son reached 18. I recently turned 60 years of age. Am I eligible for a widows pension?
Thank you
I was married for 25 years, as a stay at home Mother, I have since been divorced from my ex husband for 12 years, upon retiring in a few years, will I still be entitled to the SSI under my ex-husband’s SSI? I now live in Canada and am remarried. I would appreciate a response! Thank you!
I was married to my ex for 8 years but together 15 we have 3 children together and i was a stay home mom. am i eligible to reciece his ss or part of his pension?
I was married for 6 years and got a divorce and he died after 5year later without remarried.I was remarried 8years ago and I am thinking that we may be getting a divorce or separate from my present husband. I want to know, if so will I qualify to receive from my ex husbands social security?My present husband has been married with e-wife for 13 years. His e-wife become over 62 years old now and mentally ill .I am 55years old now.If I become on 62 years old.which SSC benefit can I get after I am 62? If I can live with him more than 10years,then can I apply for present husband benefit as well? He has good SSC benefit from retired military.
I look forward to hearing good advise answer soon.
Regards.
hi i was married to my first husband for 23 yers our son are 40 ahd 30 im on ssi i was told that i can colect from him when i guess 62 i married again 2008 but were getting divorced i have bipolar and fibromyalgia bad wil i collect from my first husbsnd i was married 23 years didnt work al those year hes going to work what do i get for being married to him 23 years thank you so much
I was married for 14 yrs to my first husband who was 6 yrs old than me. I was not allowed to work. We divorced after 14 yrs. I am re-married, he is not and I just turned 62. I work full time and I am wondering if I am entitled to any of his social security?
I will be 60 yrs old this summer, my ex-husband is 68 yrs old collecting social security. We were married 10 yrs and divorced 10. I have not remarried; I am working, but have been struggling. Am I entitled to any of his social security?
Thank you.
My first marriage ended in divorce after 11 years. 4 years later I married again. My husband and I were married for 9 years. He then passed away that year.
Someone recently told me that I would not be able to collect from his soc. sec. because we were not married for 10 years. Is that true? Even if it is not true, would I be able to collect from my first husband of 11 years if the amount is greater. I had children with both husbands.
I was married to my husband for 15years, then divorced. Am I entitled to draw on his SSBenefits now that I am 63??
I was married for approximately 18 years and then divorced. My ex-husband was 11 years younger than myself. Although I don’t have SSD I have a private policy for which I have been disabled for over approx. 11 years. Am I able to draw ss on his ss as I am 62+ years at this time. Any explanation would be helpful.
Thanks
I WAS MARRIED FOR 22 YEARS TO MY EX HUSBAND.WE HAVE THREE GROWN CHILDREN. I ALSO HAVE DIVORCE PAPERS THAT STATE HE IS TO PAY ME 700.00 AMONTH ALIMONY PAYMENTS FOR TEN YEARS. WHICH HE DID THE FIRST YEAR THROUGH AUTOMATIC PAYROLL DEDUCTIONS. HOWEVER HE THEN QUIT HIS JOB AND WENT TO WORK FOR A FRIEND UNDER THE TABLE MORE OR LESS! SINCE THEN HE HAS REMARRIED AS OF 2 OR 3 YEARS AGO & HAS A SEVEN YEAR OLD WITH HIS NEW WIFE. HE IS VERY SICK IN ICU HAS BEEN FOR SIX WEEKS! IN ALL PROBABILITY HE IS NOT GOING TO MAKE IT…….. IF THIS SHOULD HAPPEN WHAT ARE MY RIGHTS AS FAR AS ANY SOCIAL SECURITY OR LIFE INSURANCE ,RETIREMENT ETC……..I MET HIM AT FIFTEEN HAD THREE CHILDREN BY THE AGE OF 22 WITH HIM. I HAVE WORKED AS A SERVER/BARTENDER FOR 22 YEARS DON’T HAVE ANY MEDICAL INSURANCE OR MUCH SOCIAL SECURITYBENIFITS WITH THIS PROFESSION. I AM 48 YEARS OLD WHAT RIGHTS AM I ENTITLED TO? PLEASE ADVISE ME IF I AM ENTITLED TO ANY AT ALL!!!!!!!!!
I was married for over 10 years to a man who died. I remarrid to another man for over 10 years and he died. If I marry again will I lose the social security I am entitled to from my second husband. If I marry again and then divorse am I still elligible for my former deceased husbands social security?. I am 55 years old.
I was divorced in 1987, I am currently receiving Social Security benefits. My x wife will soon retire and she may claim benefits from my if her Soc Sec. she is entitled to draw on the worker(me) earnings record. Does it reduces my amount of benefits in time or its only a measurement tool ?
My Father passed away 14 years ago. I was diagnosed with a crippling bone desease that the doctors say was inheireted from my Father. I was diagnosed at the age of 37 and now I am 47 with double total knee replacements, my hips are next to be replaced. My question is can I draw my Fathers SSI because I am disabled? The state in which I live in says that I am too young to receive SSI benefits(plus wrong color) and yes they actually told me that! Try finding work when you are my age with a disability, even though they are not suppose to discriminate, but they do and they look at you as a liability. I have a 13 years old child to support, what am I suppose to do?
I was married in 1964, divorced in 1976. Can my x receive ss benefits under my work record. He receives his own ss.
I was married in 1964, divorced in 1976. I will be retiring soon. Can my X receive SS benefits under my work record. He receives his own SS. He was a horrible husband, and a dead beat father, who never morally, or financially supported his 3 sons, which are all grown men now.
I WOULD LIKE TO KNOW THE PERCENT OF MY EX HUSBAND’S SOCIAL SECURITY
I AM ENTITLED TO?
My husband and I have been married for 31 years however separated for 16 of those years. Presently he is 62 and collecting disability. I was wondering if i could retire at 55 and collect on his SSI. He also collects a Pension am i entitled to that at 55 or do i have to wait until i am 62 years of age.
My son’s wife died at 34.. leaving him alone to raise two babies.. He was paid social security as well. he re married in a year, had to disvorce his second wife on abuse case filed in the courts.. can he get his secioal security back
Did you people not read at the top of this page:?????
Please DO NOT POST questions in the comment section. They cannot be answered.
I was married for 14 years. My X is remarried. When I become 62 years of age can I draw soc. sec. from his earnings? I was also married for two years after my first divorce but now single. My divorce was in 1984.
I was common law for 15 years with him. Got married on 1/222/05/ divorced 4/15/10- No contest divorce – Am i entitle to pension/ss – He still has me on his medical/life insurance at work.
I was married to my ex for almost 20 years. I am a disability recipient under the state of Ohio. I am almost 58, do I have to wait until I’m 62 to draw from ex’s ss? I never worked under ss myself. I never remarried. What percent will I get?
my ex died may30th 2010my marage end in 2008 iam not remarried yetso do i get some money my age is 48 married for 23 years two sons from the man 23 is one sons age 22 is the other one please answer me as soon as you can thank you doris partridge
My ex husband passed away on June 13, 2010, age 77. His social security benefits are quite a bit more than mine. How do I find out if I am better off applying for benifits on his social security or staying with mine? I am 71 years old.
Iam a 56 yrs old female I am on disability sinse 1998 was married in 1978 divorced in 2993 my husband was in the military for 4 yrs before we married and married me knowing I was a diabetic I draw SSI and pension from him and took away my Id card and alimony by having a secret day in court and I did not have a lawyer so I have not remarried and neither has he I want to know can I get help from his socal security now because I have and expense I can’t even purchase a home or any thing when he was order to pay almony and give me my Mil ID Am I able to get a lawyer about this since I did not know he had went to court with out me until now my health prevents me from working and holdina job
My husband of 33 years has decided to move on to another woman. He is living with her now while we are in the process of getting a divorce. I am 61 and was told that when I turn 62 or 65 I can draw on his social security. I have worked for several years, but he has worked much longer than I and will have a larger amount for social security.
Please let me know if I am eligeble to draw his SS and at what age. I am not planning on getting remarried.
i am divorced and remarried,if my husband dies ,who can i draw social security off of,my ex husband or my second husband who passed away, thank you.
jacqueta
When I got married in 2005 Icontinued to get my ssi check but I lost my Insurance, am I intitled to my insurance as long as I’m on ssi? My husband has no insurance either but at least I should Have my own if I’m on ssi. If I knew I would loose my insurance I would have never gotten married. i’m being a big burden to my husband. Please Help me with this problem
My Father just passed and i would like to know if my mother is entitled to his ss benifits, he was drawing already as he was 84, he and my mom were married 20 plus years and he was re married for the same, she is collecting ss on my step father, but it is much less then fathers ss.
if a divorce 60 tar old woman getting $600 amonth for socil cecurity and ssi gets remaried and new husband’s disabilty money is $2000 amonth which does she get. and he is 53 years old and still working.
I am drawing ss off my second husband, divorced from my third husband for18 years, thinking about getting married, will I lose my ss ?
Thank You
Donna Mckeny
My mother was married to my dad for 13 years and divorced. She remarried my stepdad and he passed away. My mom is drawing his benefits, however I was told she could also draw on my dad also, he is 72. My mother is 69. Is this true?
Where can I get information to a social security question.Someone that is willing to help me not try to discourage me.I was legally married 6 years but my husband and I were together 23 years in a common law state.We had 3 children and I had already had 2 children.We raised all 5 children and all the children knew him as their father.My ex-husband,and my childrens father,passed away 3 years ago.Can I collect social security from him and are my children intitled to any benefits.Thankyou,D.Bonanno.
im currently collecting social security which is less than my husband is getting. i we divorce can i get half of his social securty/
My ex spouse and i were married march 1989 until oct 2003 he divorced me and on the decree stated that
i left him in 1993 that is false, he chased me out in 2001. my question is in two years i wil be 62 years old,
he is 76. when the time come to apply for ss how will i know if it would be better to get his or mine own.
just need to know.
I was married to me first wife for 15 years and we divorced in 1988. I remarried in 1997. She also remarried around that time. My question is who will be eligible for my benefits upon my death? My first wife of 15 years or my current wife .
I was married from 1971 to 1993 and neither my spouse or I have remarried. Can I collect on my ex-spouse’s social security? If so, can I do it before he retires?
mom was married to dad have 10 kids divorsed he remarried she has not is she entitled to his benifits he has died
I am 75 yrs old, in the process of a divorce. My husband is 56. We’ve been married for
35 yrs. I am currently drawing my SS which is a very small amount. I was told that
once we are divorced I can draw off of him. He does NOT currently recieve SS benifits.
Do I qualify, after our divorce, to recieve benifits on him, even throw he is only 56?
I was also told I would have to wait 2 yrs, is that true
I was married for 13 years years. I have never remarried, he did, and I’m turning 59, unemployed. Can I collect on my ex=husbands s.s.
My elderly widowed mom was married to my dad for 17 years and divorced many years ago. nstead of my dad paying into social security, he receives a montly check from the Federal Government Pension. If he had paid into SS, she would qualify for the offset between his SS and hers. However, since he did not pay SS and paid instead into a Federal Government Pension, am I entitled to any of his pension? Thank you for any assistance.
My elderly widowed mom was married to my dad for 17 years and divorced many years ago. nstead of my dad paying into social security, he receives a montly check from the Federal Government Pension. If he had paid into SS, she would qualify for the offset between his SS and hers. However, since he did not pay SS and paid instead into a Federal Government Pension, would “she” be entitled to any of his pension? Thank you for any assistance
I am divorced and would like to know what percentage of my ex husbands ss am i entitled to
I was married for 20 years and recently divorced. I am 62 years old but my x husband is 12 years younger and is not 62 years old yet. Can I still collect on his social secuity or do I have to wait until he turns 62??
I’m married to a man who is 55 and I’m 63. I would like to retire and draw social security, but, if I draw on mine now I will be getting the lowest amount and it will stay that way on my ss. I have not made that much income. Can I draw on my husband’s even though he is not old enough to get SS when he is old enough to draw
What happens if I marry a divorced man and he was married for 10 years. and we are married for 15 years, am I as his second wife entitled to any social security benefits?
I am almost 65 and draw ss benifits. My husband is 63 and also draws ss benifits. We have been married for almost 29 yrs. I was married to my first husband for 10 yrs. He also receives ss benitits. Can I draw off of my former husband or present husband, which ever is more, and how do I go about applying.Will it affect either my present or former husband’s benifits.