Can I Collect Social Security From My Ex Husband if I Remarry

It is common knowledge that husbands and wives are entitled to collect Social Security benefits on their spouses' work records. Less well known is that this benefit applies to divorced spouses equally long as the spouse has not remarried. Divorced spouses are even entitled to survivor benefits in certain circumstances.

Equally a spouse, you take the option of challenge a Social Security retirement benefit based on your own earnings record or collecting a spousal benefit equal to half of your spouse's Social Security benefit. You are automatically entitled to whichever benefit is higher and y'all can collect on your spouse's tape fifty-fifty if you have never worked yourself.

Equally a divorced spouse you lot tin collect benefits on your ex-spouse's tape, even if the ex-spouse has remarried and fifty-fifty if the ex-spouse's new spouse is collecting on the aforementioned record.

But to get this benefit, you must meet the post-obit requirements:

1. You were married for at least 10 straight years
2. You are at least 62 years sometime
3. Your ex-spouse is eligible for retirement benefits
4. You are currently unmarried

If your ex-spouse has not yet applied for retirement benefits but can authorize for them, you can receive benefits on his or her tape provided you have been divorced for at to the lowest degree two years.

In addition, if you have reached full retirement age and are eligible for both a spouse'southward benefit and your own retirement benefit, y'all may take a choice, depending on your age. If you lot are 62 or older by the stop of 2015, you volition be able to choose which benefit you lot desire at your total retirement age. When workers who are non 62 by the finish of 2022 utilise for spousal benefits, Social Security volition assume it is as well an application for benefits on the worker's record. The worker is eligible for the higher benefit, but he or she can't cull to take simply the spousal benefits and allow his or her ain benefits to go along increasing until historic period 70.

If y'all remarry, you cannot receive benefits on your former spouse'south record unless the new marriage ends (past death, divorce, or annulment).

Survivors Benefits

If you are the divorced spouse of a worker who has passed away, you could still be eligible for survivors benefits if the spousal relationship lasted 10 years or more. You can receive reduced benefits starting at age sixty or full benefits at your full retirement age. Survivors benefits are equivalent to the deceased spouse'southward full Social Security benefit amount.

Nonetheless, if you lot remarry before the age of 60, you cannot collect survivors benefits (unless the later marriage ends for whatever reason). If you remarry afterwards age sixty, you can still receive survivors benefits based on your former spouse's record. Withal, if your new spouse is also collecting Social Security benefits and you lot would receive a higher amount based on the new spouse'south piece of work tape, you volition receive the higher amount.

Once you reach full retirement age and are eligible for both a survivor's benefit and your own retirement benefit, y'all accept a pick. A surviving spouse can choose to accept survivor'due south benefits first (letting your ain benefits accrue) and then switch to retirement benefits subsequently if the retirement do good is larger.

If you are caring for a child under age xvi or disabled who is getting benefits on the record of your former spouse, you lot would not have to meet the ten-yr marriage rule.

For more than information on Social Security benefits for spouses and children, click hither.

Last Modified: 01/29/2016

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Source: https://www.elderlawanswers.com/how-do-divorce-and-remarriage-affect-social-security-benefits-14386

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