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.
THERE ARE NO ANSWERS ON THIS WEBSITE>>>>DO NOT POST YOUR QUESTIONS HERE!!!!!
I was married for twenty years, divorced six years and married another man for 20 months, and have been divorced 10 years. Can I draw social security from either of my ex-husbands? Both remarried. The first husband divorced after four years, the second husband is still married.
I was married for 24 years, divorced and remarried. Can I collect from my first husband at age 62 if I am remarried?
I WAS MARRIED FOR 21 YEARS – MY EX-HUSBAND IS 3 YEARS YOUNGER THAN ME – IF I RETIRE FIRST AND START MY OWN BENEFITS – CAN I SWITCH OVER WHEN HE RETIRES AND DRAW OFF OF HID BENEFITS SINCE IT WILL BE MORE
where are the answers?
i was married to my ex-husband for 12 years can i draw anything
on his pensoin i am disabilty
How much is my divorced spouse entitled to assuming we meet all of the eligible requirements and neither is remarried….at age 62 and age 66…..what if he applies and I don’t?
THIS REALLY SUCKS PEOPLE HAVE VERY VALID QUESTIONS, YET THEY ARE NOT ANSWERED! WHY? WHY DOESN’T THE IRS ANSWER THESE VALID QUESTIONS? ARE WE ALL JUST TYPING FOR SHI*S AND GIGGLES FOR THE IRS?? COME HELP US ALL OUT AND ANSWER THESE QUESTIONS PLEASE!!!!!!!!!!!!!
I was married fo r20 years and have never remarried. My ex had a stroke and is receiving disability payments. I w ant to claim mine.
I was married for 20 years and have never remarried. My ex had a stroke and is receiving disability payments. I w ant to claim mine.
Sendi nfo as to how I do this.
I would like just to get some information regarding my ex-husband social security benefits.I was divorced with him since 1984,but we still live together bought house ,filed our incomt tax together.until in the year 2005 i left him since i could no longer stand how he maltreated.I am becoming to stress out and sick.even though we are separated from time to time I still see him and help him out.this year he passed away.my question is am I elligible for anything from his social security benefit,or can I apply for any of its calipers benefit as well.My son and I felt we’d been cheated out of this,since his iligitimate children got benefits and his brother’s child.
married 1970 to 1979, lived together another 2 years, can you get spouses ss benefits.
i have been common law married for 8 years and then we got married for in south dakota in 2001 and been for 10 years in with the courts since then i haven’t worked and she walked away in 2004 and haven’t heard from her since then and i was wondering i i could collect her retirement in social security andand i haven’t worked at all and iwas wanting to know if i can claim her retirement as i was told differently and how would i go by doing the appropriate paper work.i would appreciate your time in looking at this and maybe helping me out thank you ..sitting bear
I was married to my ex-husband just 3 weeks short of 14 years and I have never remarried. I have been told by the local North Carolina SS office that I am entitled to half of my ex-husband’s SS benefits when I apply for early retirement. My question is: Am I entitled to collect from my ex-husband’s SS if he continues to work beyond early retirement age and not yet collecting his SS benefits when I apply for early retirement? My ex-husband is 2 years older than myself. Thank you for any information to help answer this question.
1st -My ex-husband is now 53 and is drawing disability. He re-married this year but is in the process of divorce. I am 45 and of course still working and haven’t remarried. Will I be able to collect some type of benefit from him since we were married for 20 years.
2nd – The man I am with now has retired and is recieving SS, he is 66yrs of age We are not married.. Will his ex-wife be able to receive any of his benefits? She is still working and she is 65 yrs of age.
i dont have e-mail can i draw my ex hunsband pension fund he also draws ss i a lso draw ss benifts
I am 25yo married to a man who is 55 yo now. My husband is married to hes ex-wife for 20 years, and been devorced for almost 11 years. Hes ex-wife is intitled to the 50% of hes retirement pay. My question is can she be able to draw my husband SS also?
I was married for 19 an abusive man. We had three children as the results of his abuse I am now disable. I have re-married and i’m on disability. Because the man I was married to came after me with a gun I did not have time to think or get any thing from our 19 year marriage. Now he is setting on easy street and I can hardly make it from check to check. What I need to know is can I go back an draw off of his ss. We divored in 1986 and He re-married 6 mo. later. I need help, what can I do?
I WAS MARRIED TO MY FIRST HUSBAND 17 YRS,HE IS STILL LIVING AT 65 YRS OLD. MY SECOND HUSBAND DIED AFTER YRS OF MARRIAGE .HE WAS DRAWING SS DISABLITIY AND I AM 62 AND DISABLE. I GET WIDOERS BENEFITS. CAN I DRAW OFF MY FIRST HUSBAND?I KNOW MY FIRST WOULD BE HIGHER THAN MY SECOND.
We got maaried on 04/07/1970, in community of property. We got divorced in Oct 1988 after the ex committed adultery. I never re-married, raised 4 children with very little child-support.
I was unable to make provision for retirement.
The pensionfund could not be dissovled at that time, it was dissolved in 1991 and directly transferred into an Inuaty Fund which will pay out April 1012, what legal claim to I have on partial share
There are many questions here that I’d like the answers to. Is it possible to see them all? Most important answer for me: I have been married to my spouse for 30+ years, divorced 7 years, If & when can I collect on his SSI? I am 56 now
can I draw off my ex husband of 42 years i am 66 and drawing my soc. but very little I was told I could draw from him, this would really help me thank you
I have recently become disabled at age 55, one of my ex’s (we were married 12 yrs) is 62 & receiving SSD benefits, My second ex is 43 (we were married for 15 yrs) & is also receiving SSD benefits. I am not married, but I do not have enough work points. At age 55 can I apply for divorced spouse benefits SSD, from one of my ex’s, at my age of 55?
Thanks
CORRECTED STATEMENT THAT I SENT EARLIER. THIS IS THE QUESTION I NEED TO ASK
I was married to my husband for 13 years when he died. I am now 47 and am unable to work because of some health problems. Can I get my husbands social security. How can I apply fo SS disability on the computor. I do not have a car and it is hard for me to get around. I live with a friend who has decide to move and don’t know what to do. Can you please help me.
go to AARP..they will answer your questions…Good Luck to All of You
i was wondering if i am entitle to SS disability. i was married for 9 or 10 year. it has been so long i cannot remember and i was under a domestice voilent situation. i am over 62 years of age and was wondering what my entitlement.
Can I remarried and keep my first husband ss my x has been dead 7 years I would like to remarry without losing his ss Will I lose it, I am 72
i just turned 62 and applied for social security disability, i was married to my ex wife more than 10 years and she did not remarry, she just went on social security disability she is 64,can she go on my disability?if so how much will she get and will it affect my disability she is getting 800 a month and i will be getting 2100
After 13 years of marriage, as an former wife can I collect any part of his pension even though he has been remarried for 19 years…or can I collect off of my deceased husbands pension. But I think he took a lump sum from his previous job, bu he was working a different job when he passed away…we were divorced.
If I remarry, will I lose my ex-huband’s social security benefits. We were married for more than 15 years and I will be 68 next month. Thank you
I was married for ten years. I;m 55 and my ex just retired last year, he’s 64. When can I draw on his ss? Do I have to wait til I retire? He was also married to his first wife for 17 yRARS BUT SHE IS REMARRIED NOW, i’M NOT.
I was married for ten years. I’m 55 and my ex just retired last year, he’s 64. When can I draw on his ss? Do I have to wait til I retire? He was also married to his first wife for 17 years but she is now remarried and I’m not.
Awesome info over again! I am looking forward for your next post;)
My sister in law was married to my brother for 25 yrs and he died…after his death, she drew benefits from him, but found out she could draw more from her first husband but was only married for 2 yrs…Is this possible, since she was not married more than 10 yrs.? She said it is possible, because she was married to him at the time of his death.
In order to apply for my ex spouses social security benefits I have to have his social security number. How do I get that number?
I NEED TO NO HOW TO GET EXHUSBAND SS#
I’m 63 years old and have been drawing my SS since June (Very small amount) I was married to my first Husband for 30 years and we have been divorced for 14 years now….I was married after him but now divorced again, so i’am single…..Can i draw ss off my first Husband who made a lot more than my second Husband……My first Husband will be 62 next month (I’m a year older than him) Can i draw off him when he turns 62 years old, even if he don’t apply for ss at 62, But qualifys? Thank you……….Gail
My husband was married for 10 years and divorced in his 40’s. His xwife never remarried.
We have been married for 32 years. If he should pass away, would his xwife have
access to any social benefits?
My second husband and I first began living together in 1981. In May 1984 we were married. In Feb 1994 we were divorced. He passed away a few months later. I have never remarried, I will be retirement age soon and wondered if I am entitled in any way at all to any of his SS benefits.
i was married to my x for over 20 years and never remarried when i was 63 I STARTED DRAWING MY SOCIAL SECURITY NOW I WAS WONDERING IF i COULD DRAW ON MY X HE HAS PAID IN MORE THAN MYSELF
I was married for 14 years to a man who has passed away. I remarried at the age of 40. I will be 55 this year am I entiled to any of his SS at this time or at any time ?
My Husband was married prior to me. His first wife remarried and separated from her second husband. Is she entitled to my husband’s (1st husband) benefits ~ SS & Pension? And am I entitled to full my husband’s full benefits?
My Husband was married prior to me. His first wife remarried and separated from her second husband. Is she entitled to my husband’s (1st husband) benefits ~ SS & Pension?
my husband’s first wife remarried and is separated from her 2nd husband is she entitled to my husband’s full benefits?
Im 14 years old and my dad died when i was 6 months old and i just figured out today how much would i be able to get a social security check and my mom told me i do but why dont i see and of the check or get anything out of it.
I was divorced after 37 years of marriage. Remarried at age 57. I was told I could not draw social security from my first husband of 37 years because I remarried before I turned 60. If I divorce my current husband ( who is Canadian) I am not eligible for any of his benefits. Can I then draw from my first husband ? Would I be eligible for Medicare/medicaid under him also?
I would like to know if I can collect on my x-husbands social security while receiving disability benifits on myself.
I am a 34 y/o fully retired male from The United States Navy, if I divorce my wife will her and the children still receive benifits on my behalf when she is capable of full-time work?
I’m Jessica and I have Ben married for 13years but prior to being married loved together as common law for 9 years, so totally together 22 years. My husband had been legally married prior to me for 20 years but had gotten a legal separation 5 years of being into the marriage use to she had been unfaithful and the divorce stated irreconcilable differences. Can she receive social security benefits and would that mess with him when he retire or would it interfere with me getting his benefits once he retires in about 4 more years. He will then be 66 years old. She is on ssi disability and has never worked. I have worked for 16 years and am now disabled. Can I apply for my husband benefits now? Is she able to receive benefits ?
I was married in 1975 and divorced in 1988. I’m 60 years old and he’s 64 will be 65 in August. Do i have to wait until i’m 62 to collect on my x-husband ss or can i collect on it now with him.