Can an Ex-Wife Draw Social Security on an Ex-Husband's Retirement Benefits?
About half of all marriages in the United States end in divorce, according to census data reported in "The State of Our Unions 2010." Social Security is often the primary safety net for retirees who are single because of divorce. For this and other reasons, a divorcee may draw Social Security benefits against her ex-husband's retirement benefits under certain circumstances. Requirements center around the duration of the marriage, the time span between the divorce and the application, and whether the ex-husband is eligible for benefits at the time of application.
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Eligibility Criteria
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Your marriage must have lasted at least 10 years for you to be eligible to draw Social Security benefits against your ex-husband's retirement record. You must be unmarried at the time you apply. In addition, you have to be old enough to draw benefits — age 62 or older. Your ex-spouse must also be entitled to receive Social Security retirement or disability benefits when you apply. It doesn't matter if he has applied yet; he must simply be eligible.
Benefits
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You may also be entitled to receive Social Security benefits based on your own work record. The Social Security Administration takes this into account when determining your benefits. Generally speaking, the amount you get is based on your work record first. However, if what you're entitled to under your ex-spouse's record is higher, you receive a combination of benefits that equals that higher amount, reduced for age, according to the administration. If you wait to apply until after you reach full retirement age, you may choose to receive only your ex-husband's benefit and then your own retirement benefits later. Doing this helps you to earn additional retirement credits, meaning your retirement benefits may be higher when you receive them at the later date.
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Remarriage
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If you've married again and are still married when you apply using your ex-husband's record, generally you'll be denied those benefits, unless your second marriage subsequently ends by death, divorce or annulment. At that point, you may collect against the record of the first ex-spouse.
If your ex-husband has remarried, you may still collect against his record. Your benefits don't affect his ability to receive his own retirement benefits, nor do they affect his current spouse's eligibility for benefits.
Work and Other Retirement Benefits
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It affects your benefits if you continue to work while drawing retirement benefits. The amount you receive in that case is limited. Use the Social Security Administration's online earnings test calculator to see how your current work earnings may affect your benefit payments.
If you receive a pension based on work that isn't covered by Social Security, this, too, may lower the amount of benefits you're eligible to receive. You may also call Social Security at 800-772-1213 to get an estimate of your benefits based on these factors.
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References
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Comments
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how do I check my x-husband ss benfits.
