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.
Is it safer for me to remain on SSI, or to draw from my Ex husbands Social Security. We were married for about 17 years. He has remarried a divoced woman. I have not remarried. My Ex husband will be retiring in about 2 years.
I am 62 and want to retiring in 3 years and i would like to know if or how much of
my ex-husband(of 22 years ) social security will i receive?
I would like to know if and how much of my ex-spouses social security can i receive when i retire, we were married 22 years.
I have been on my onw SS since 1990 due to brain surgery. I am now divorced and she is still employed. Her SS will be much more than what I am currently drawing. Friends and family tell me that I can draw some of her SS now since I am almost 66.
TRUE or FALE ??
I am married and my husband draws 985.00 a month, I draw 490.00 could I get more money and can I draw off my husband SS
My husband and I have been married 47 yrs he draws 985.00 a month, I draw 490.00 a month, could I draw off my Husband ss and get more money .I was told I could get more money drawing off him instead of my ss
Is it true that you can only draw 1/2 of your ex-spouses ssi benefits after he has passed on or can you get the full benefit that he draws?
There are a lot of questions posted, so it appears all these people did not read the very top of the page. It clearly states –
Social Security benefits for divorced spouses
Written on August 25, 2004 by David C. Sarnacki
Please DO NOT POST questions in the comment section. They cannot be answered.
do i loose my social security benefits if i remarry..?
husband deceased 20 years now..if i remarry-do i loose benefits?
i am disabled divorcee who divorced over 11 years ago, was married over 17 years to 65 year old who is also disabled. Am I entitled to social security benefits based on his income if his benefit amount is less than mine? oor am i entitled if his benefit amount is more than mine?
can i draw 1/2 of my deceased ex-husbands social security when I turn 62? What about if I am remarried at that time? Can I still draw any benefits?
I am 62. my ex husband is 56. We were married over 10 years.
I am single. However, he has remarried. I am still working and decided not to claim for benefits until I am 65, and I realize that I am not entitled to my ex husband’s benefits until I am 68 (when he turns 62).
What % of my ex husband’s benefits am I entitled to at this time, while he’s still living?
Am I entitled to his benefits eventhough he has not applied at age 62? Or must I wait until he applies … should he wish to wait until he’s 65, for example?
Am I entitled to his full benefits should he die?
I am 38 and I am about to get a divorce, my husband is 45 and we have been married for
15 years. I am entitled to any of his disability benefits. We have 3 children 14, 11 and 10
He told me I am not entitled to anything if I leave. I don;t no what to do.
I am 56. I have been married to my husband for over 26 years and he suddenly became a woman. My husband is now 47. We will soon have to dissolve our marriage. I have never worked anytime during our marriage. Can I collect his benefits when I turn 62?
i’m a 61 year old woman who was married to a man for 18 years,since then i have not remarried altho, he has. i’m also on ssi disalibity, i have heart problems,sizures in which i have a vns implant
only one kidney, and have beat cancer 3 times. have copd, can i draw ss off him now, or is some age i can. i also lived with this man for 10yrs. before we got married, so thats a total of 28 yrs. we were togher we also filed income tax returns together. thank you loretta ramirez
My exhusband died last month, but we had been married 6 years ,then divorsed can I get his social security money? He was 69 years old
I was married to my exhusband in 1981 and divorced in 1996 had his only to bio. children we seperated in 1990 but not legally he all but abandon me and my chilldren ,he lied to social security when he applied for disability in 1994 without my knowledge he lied and said he was supporting us to s s ,they beleived him with no proof and he was drawing benefits for my children for 2 yrs as thier payee. In short later in 1998 i found out and open a case of misuse of funds in my name as his wife legally entitled when he applied and awarded benefits as to my children and was appointed their payee the following month and ever since been fighring to recoup over $14,000 in a misuse of funds case which was proven over 5yrs.ago after every appeal he was offered and although i hhave sought help from sitting consressmans,and ever other public official i could reach to no avail .my daughters at the time ages were 13,10 yrs old my son 17 when this started and are now 32,29,26all grown and married and struggling to continue college and raise thier children as i did as a singgle parent with them and manage to get all them through high school n part of college until i became disable in 2002 n could no longer work my qestion is can i sue social security since they allowed and assisted him in this fraud and have failed to even correct there mistake as i did every thing they ask me to prove my case and the final finding was we were entitle to recoupment and should have been disburst over 5 yrs ago and now everytime i call to inquire they try and give me the run around and say that they need my daughters permission to talk to me but both my daughters have infirmed them thet i would continue to be their reprsentative in this matter until it is settled .I find it unbeleivable that they made it easy for him to commit fraud and yet me and my children went homeless at one point ,clothesless ,hungery,without utilities why this man used funds that were for me and my children and allow him to use the funds on his new wife victoria secret and his stepsons private schooling and baseball uniforms cause he never brought my kids nothing from v.s. truth be told my child had an accident had surgery on her hip at 9 yrsold and was told to choose at the time a wheelchair which she needed for six months or a xmas gift from him all the while he was getting benefits for her so please tell me after almost 13yrs where can we get answers to how to recoup misuse of funds from social security and how as his first wife of 15 yrs do i collect on his s s benefits please
I WAS MARRIED WHEN I WAS 28 AND I GOT DIVORCE WHEN I WAS 42. I REMARRIED WHEN I WAS 45. I AM STILL MARRIED.
CAN I COLLECT FROM MY EXHUSBAN SOCIAL SECURITY WHEN I TURN 62? I AM 59.
THANK YOU.
I am divorced from 2 men
Man #1 is 62 and drawing benefits; we were married 21 yrs. Man#2 is retired but 58, and working again. We were married 13 yrs.
I am single and will be 62 in May. I will file then for benefits.
Can I draw from these 2 men as well, and if so when?
Thanks
can my x-wife (divorsed 20 years) draw off my s.s. before i retire she is 62 and i am 63 and dont intend on retiring until i reach 65, alos can my present wife of 19 years draw from my s.s. ?
If an ex spouse passes away can the spouse which the partical Social Security was taken from can he get that amount back in his Social Security check?
I was married for 21 years and divorced staying single for nine years before marrying again. My current husbabd and I have been married seven years and I am going to file for social security in a year and a half. Although I will have a small social security of my own from working ($799.00) will I be able to file on my prior marriage in lieu of my own benefits. If not will I be able to file on my current husband since we have only been married seven years?
Thank you,
Judy Boyer
I have been married to a man for five months now that had previously been married to his ex for twenty years before marrying me. When he dies will she be able to collect some of his Social Security?
i am entitled to one half of my xhusbands ss.if i retireat at age 62and draw on my ss benifits can i wait until next year when my x turns 66 to draw on his?what happens if he does not retire at age 66 can i still draw on his ss?
I was married for 23 years and divorced at the age of 43. We had an amicable divorce, have 3 grown children. I remarried at the age of 46 for one year to a very abusive man. I divorced him and am curious as to the info I have checked on-line….am I now not eligible to collect from my first husband’s SS rather than my own since it’s substantially more than mine? I DID read in the text that if one remarries that the eleigibiltiy no longer exists. Just wanted to make sure I’m reading that correctly. I am now 66 years old and collecting a VERY small SS..not enough to survive. I still have a house payment and am now close to foreclosure. Getting a job at this age is no small feat. My 1st ex-husband is not yet collecting SS although he is 67…has his own business and is remarried. I realize this is a redundant question for you but want to make sure I have the correct info. Again, my question is that since I was remarried for one year is it possible for me to collect on my 1st husband’ of 23 years, his SS? He was in the Foreign Service for several years while we were married …. during that time I was a foreign service wife…..no pay for me. One of the reasons my SS is so small. Just an FYI.
Thank you for your time and will await an answer. Incidentally, he has not yet filed for SS.
I was married for 20 yrs. and have been divorced for 16 yrs.have not gotten married, I will be 60 yrs old in 2014, will I be able to apply for my deceased husbands benefits who passed away 3 yrs ago. If so when can I start to apply for the benefits? Our children are already young adults we have no other younger children. He although did leave everything to his younger girl friend and nothing to my children, she got the bank accounts (already under her name) the cars, furniture, we don’t know what she did with his belongings, she now has a new boyfriend to drive her around in what should’ve been my children’s or grandchildren’s transportation! my x was supposed to make a will but he never got to it. My question is am I elegible for anything at this point? Who or what do I have to do to get what is legally mine or can the girlfriend apply for the benefits and get that to since they did live together for over 5 yrs but not more that 10 yrs.(I think) Can I apply for any of his veteran’s benefits as well?
I want to know if I can draw social sercurity from my 1st husband of 17 years. We devorced in 1979. I’m remarried for 7years now. drawing my own social security. I’m 68.
I was married for 20 years, divorced and never remarried. I am soon to turn 62. I want to find out what the amount of benefits I would receive if I drew from my ex-husband’s benefits. I first need to know how much I would be entitled to. Then I want to know if I draw my ex-husbands benefits at my age of 62 can I then decide to draw my benefits at 66 if it is more?
Cinda, I have the same question as you do, I was wondering if you know how to go about finding out the information or have the answer to assist me on my journey of the same situation as yours. Christy
I am retired law enforcement – paid into my pension – never to Social Security. I get MEDICARE through my ex wife’s SS. We were married for 23 years, divorced in 1985. I am now 78 years old.
If I remarry, will I lose my MEDICARE through my ex wife? If so, can I get it through my new wife. She does collect Social Security and has Medicare on her own. Thank you.
I am confused. I thought someone would answer my email of 3/19. Am I posting in the wrong place? Thank you, David
i am 55 my ex husband of 10 years died last year and I am unemployed am i able to get windowers benefits from social security if he had a wife before me who is drawing? I did not remarry.
i am 55 my ex husband of 10 years died last year and I am unemployed am i able to get windowers benefits from social security if he had a wife before me who is drawing? I did not remarry
I got a good one; I am 50, disabled, was married to my x husband for 24 years, he drew disability until he made more money, now he cant, sicne I am disabled can I draw off of his social security money for my disability to make my payment higher becasue I never worked alot all of the years due to my health? He is only 53, and I dont know if I can, I cant get any straight answers, one lady at the SS office said if I got approved for disability, yes, another one said no, Can anyone help me get a dtraigth answer adn a correct one?
i was married for one day. its been 24yrs 10months. i have not remarried. since i was married for only one day will i be entitled to my husbands social security when i am 62.
My husband to be was 1st married for 5 1/2 ,(1995-2001) then his wife left him for another man but due to cost of a divorce he didn’t file until 2009 however, it does state in the divorce papers they have been seperated since 2001. Since they were not living together since 2001 to the date of the divorce in 2009 is she still entiled to collect any of his Soc. Sec once she reaches her retirement age, and how will that effect me as the new wife. The ex-wife likes to play the system and refuses to remarry because she wants to collect the Soc Sec Benefits as the 1st wife. She doesn’t want to work and she is getting all kinds of Government assistance now. We would like to know what we can do to prevent her from getting any of his Soc Sec benefits once we reach retirement age or should he pass away prevent her from taking it from me. Please let us know.
Thank you.
does anyone ever answer?
I was married for 15 years. My ex-husband made over double to triple what i made. When i retire will there be a portion of his social security that will be added to my social security. I assume he will make the max or close to it on social security and I will do good to make $1000. Will there be some type of average on mine regarding the two???
Could you please tell me how I can recieve answers to these questions. Thank you
i’m on social security disabilty and receive a pension from the n.y. state & local retirement system of which my employer paid 3% and the rest was paid through the n.y.state even though we are
not a public libray , we were just subsidize. if my husband & i divorce even though he is getting regular s.s. because we are both 68 yrs old is he entitled to half of my s.s.disabilty check and also
my pension how will i be able to survive on the than small amount we have been married 28yrs i cannot understand the fact that i’m the one disabled not him i retired after working 25 yrs
thank you for your promt attention on this matter
Am divorced after 19 yrs., 6 mo of marriage, not remarried, 64 yrs of age and recently informed my former is entitled to a percentage of my current savings account (established after my divorce)/family inheritance through death is this true? My former being a civil servant made more than myself and now find must make monthly payments to her of those earning.
Thanks . Mike T.
Im 56 just found out I have heart disease, disc disease, and Gbs, I cant work anymore. I was married for 26 yrs to a man that wanted me to stay home so I havent worked much, he made alot of money. He is 62 and still working, I remarried, a man that is 50. My ex has not remarried, can I some how draw off what he made, since he wanted me home for 26 yrs? Pls help me understand what I c an do, thank you
I do have another question,if I cam draw off my ex”s income, will it effect what he gets? I dont want to take amything away from him. And does he have to approve me getting my.ss/disability based on his income?
I will be 66 years old in September and my husband and I have been married for almost 45 years. His alcoholism is getting worse and I don’t think I can stand it anymore. Can I draw part of his social security? If not, I can’t afford to leave.
I was married to my husband for 31 years. He is a disabled viet nam veteran. We divorced in
1999. He has since remarried and moved to another state. Am I entitled to collect on his social
security or vetrans disability income? He gets 100% from both. I have not remarried and am planning to start collecting my S.S. next year. We have 2 grown children together and I’ve worked
most of my life and still continue to do so. He’s been married to his previous wife now for
approximately 6 yrs. Answers would be appreciated so I can plan my retirement to see if
I have enough money to do so. Thank you.
i WAS MARRIED TO MY EX FOR 31 YEARS DID TELL THE TURTH ABOUT RETIREING FROM HIS JOB THEREFORE I RECEIVED NOTHING . HE SAID HE GOT FIRED, I FIND OUT THAT WAS NOT THE TURE.ELISA LAW MEANT NOTHING TO HIM, WE HAVE BEEN DIVORCED FOR 12 YEARS I WIILL BEW 61 IN NOV. CAN I FILE FOR MY EX A PORTION OF MY EX SOCIAL SECURITY AND IF SO WHEN?
I am 58 years old. I was married for 30 years. We divorced and I remarried 8 years later to my present husband. If my first husband dies am I entitled to collect his Social Security? I only worked for 6 years but it was a non-profit so I have not paid into Social Security.
Patty
I am 60 years old and just began my pension. I am also disabled and previously had been living on my disability income. I became disabled in 1998, divorced my 1st wife after 31 years in 2000 and remarried 6 months later. My 2nd wife and I are now talking about divorce. She quit her job when we first got married and we have been living off my disabilty and now off my pension. In a divorce, is my 2nd wife entited to any of my pension? If so, how much? All I have is my pension and some SS to live on and I am still disabled with Parkinsons and will never be able to work again.
Walt
I am married to my husband of 18 years to find that ex-wife filed 4 years ago and receiving husband social security. They were married for 10 years and have no children between them. She did not contribute to marriage – and, partied all time. She married someone else and has been out of his life for 24-25 years. How is it possible that she can use his social security? Will I be able to use if and when I file in a few years?