Can I stop my ex wife from getting my Social Security benefits?

Asked by: Skylar Schaden  |  Last update: October 27, 2023
Score: 4.5/5 (65 votes)

They'll simply use the former spouse's work record if it results in more money for the person who's applying. Social Security will give you whichever benefit is bigger, but not both. There's nothing anyone can do to prevent their ex from claiming their Social Security.

How do I file against my ex husband's Social Security?

Form SSA-2 | Information You Need to Apply for Spouse's or Divorced Spouse's Benefits. You can apply: Online, if you are within 3 months of age 62 or older, or. By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.

How does my ex wife affect my Social Security?

A divorced spouse can receive up to 50% of an ex-spouse's Social Security benefits if the marriage lasted at least 10 years and the divorced spouse is divorced at least two years, unmarried and at least 62. The benefit doesn't increase existing payments or reduce the ex-spouse's benefits.

What are the rules for collecting your spouse's Social Security?

When a worker files for retirement benefits, the worker's spouse may be eligible for a benefit based on the worker's earnings. Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care.

Can I collect spousal benefits and wait until I am 67 to collect my own Social Security?

Hi. No, assuming that you were born after January 1 1954. Only people who were born prior to January 2 1954 are allowed to claim spousal benefits without also being required to claim their own benefits at the same time (https://www.ssa.gov/benefits/retirement/planner/claiming.html).

Social Security Divorce Benefits MADE EASY

20 related questions found

What is the Social Security spousal benefits loophole?

The Restricted Application Loophole

One Social Security loophole allowed married individuals to begin receiving a spousal benefit at full retirement age, while letting their own retirement benefit grow.

What is the 10 year marriage rule for Social Security?

Key Takeaways. A divorced spouse may be eligible to collect Social Security benefits based on the former spouse's work record. The marriage must have lasted for at least 10 years and the divorced spouse must be at least 62 years old.

Can you collect 1 2 of ex-spouse's Social Security and then your full amount?

If you are already receiving retirement benefits on your own work record, you can also claim any ex-spousal benefits you are eligible for, but Social Security will not pay you both combined. You'll receive whichever amount is higher and no more.

When can an ex wife collect her husband's Social Security?

If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.

Can two wives collect Social Security from one husband?

Can I claim benefits on either one's record? Yes, you can. Notify the Social Security Administration that you were married more than once and may qualify for benefits on more than one spouse's earnings record.

How do I get the $16728 Social Security bonus?

To acquire the full amount, you need to maximize your working life and begin collecting your check until age 70. Another way to maximize your check is by asking for a raise every two or three years. Moving companies throughout your career is another way to prove your worth, and generate more money.

Will I lose my ex husband's Social Security if I remarry?

If you began drawing such ex-spousal benefits when you were single but then remarry, those payments will be terminated (except as noted below).

Can ex wife claim my pension years after divorce?

It is crucial that you take into account the division of your pension or other retirement funds as part of a divorce. Your ex-wife or husband may be able to claim a portion of your pension years after you were divorced if you do not address the issue in your separation agreement.

Do I have rights to my ex husband's Social Security?

you're eligible for some of your ex's Social Security

wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.

What is the Social Security 5 year rule?

The Five-Year Rule is important to consider when saving for retirement. If you anticipate needing Social Security in the future, you must have five years of covered earnings to maximize the amount of money you receive.

Does Social Security automatically apply spousal benefits?

Yes. If you qualify for your own retirement and spouse's benefits, we will always pay your own benefits first. If your benefit amount as a spouse is higher than your own retirement benefit, you will get a combination of the two benefits that equals the higher amount.

Who is the beneficiary of Social Security?

Your spouse, children, and parents could be eligible for benefits based on your earnings. You may receive survivors benefits when a family member dies. You and your family could be eligible for benefits based on the earnings of a worker who died. The deceased person must have worked long enough to qualify for benefits.

What is the average Social Security benefit at age 62?

62 Years Old

If people born after 1960 claim their benefits the month they turn 62, they'll get only 70% of what they would have received had they waited until the full retirement age of 67. The average monthly payment of $1,782 drops by 30% during the first month of eligibility to $1,247.40.

Can I collect my ex husband's Social Security and mine at the same time?

Under this regulation, individuals filing for retirement benefits who are also eligible for spousal benefits must claim both at the same time. The provision applies to divorced as well as married filers. You won't get both benefits combined; Social Security will pay the higher of the two benefit amounts.

Can you take half of your husband's Social Security?

You're eligible for spousal benefits if you're married, divorced, or widowed, and your spouse is or was eligible for Social Security. Spouses and ex-spouses generally are eligible for up to half of the spouse's entitlement. Widows and widowers can receive up to 100%.

How long does a woman have to be married to collect her husband's Social Security?

Qualifying spouse beneficiaries must be married to the retiring spouse for at least one continuous year prior to applying for benefits, with certain exceptions.

How many years do you have to be married to get your spouse's Social Security?

What are the marriage requirements to receive Social Security spouse's benefits? Generally, you must be married for one year before you can get spouse's benefits. However, if you are the parent of your spouse's child, the one-year rule does not apply.

How long do you have to be married to get your husbands Social Security if he dies?

Based on the information you gave, you were married for less than nine months to your deceased spouse. Usually, a person must be married for at least nine months before they can get benefits on a deceased spouse's record. However, there are exceptions to this rule.

Which spouse should take Social Security first?

And if you decide that one of you will wait longer than the other to start collecting, it makes more sense for the higher earner to wait. In other words, the split strategy that many couples use is to have the lower earner collect first for as long as the couple can manage their finances on one Social Security payment.

Can I take my own Social Security benefits then switch to spousal?

Only if your spouse is not yet receiving retirement benefits. In this case, you can claim your own Social Security beginning at 62 and make the switch to spousal benefits when your husband or wife files.