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- Can You Collect Your Ex’s Social Security When They Die? (financebuzz.com)
Understanding Social Security Benefits for Former Spouses
Divorce can be complicated, and even after it’s finalized, you may still need to negotiate financial matters with your former spouse. One area that often raises questions is Social Security benefits. Depending on your situation, you may be eligible for benefits based on your ex-spouse’s work history.
Here are some key questions and answers about Social Security benefits for former spouses:
1. What are spousal Social Security benefits?
These are retirement benefits paid to the family of a retired worker based on their earnings record. Eligible family members can include spouses, former spouses, and children.
2. How are spousal benefits calculated?
Depending on your age and proximity to retirement, your spousal benefit can be up to 50% of your former spouse’s monthly benefit. Applying at 62 results in a reduced benefit.
3. Who qualifies for a former spouse’s benefits?
Generally, you must have been married for at least 10 consecutive years, be at least 62 years old, and not be currently married.
4. How old does your ex-spouse need to be?
Your former spouse must be at least 62 for you to receive spousal benefits. If they are deceased, you can apply at age 60 (if divorced for at least two years).
5. Can you apply earlier than 62?
If you are disabled and your former spouse earned Social Security wages, you may apply for spousal disability benefits as early as 50, provided you meet the marriage duration requirement and are not currently married.
6. What if you’re caring for children you had with your ex-spouse?
If your ex-spouse dies and you’re caring for your shared dependents (children under 16 or disabled before age 22), you can apply for benefits at any age.
7. What if you remarried someone who has since passed away?
You may still be eligible for your first spouse’s benefits if your subsequent spouse has died, provided you were married to your first spouse for at least ten years. You could also collect benefits based on your later spouse’s record if the marriage lasted at least nine months before their death. You cannot collect benefits from both deceased spouses.
8. Will your ex be informed if you apply?
No, the Social Security Administration will not inform your ex-spouse or their current beneficiaries about your application.
9. Can you receive benefits if your ex’s current partner also is?
Yes. Your benefits will not affect any benefits received by your ex-spouse’s other beneficiaries.
10. Can you collect your own benefits and your ex-spouse’s benefits?
Yes. The Social Security Administration will pay the higher of the two amounts, or a combination if necessary.
11. Can you still work after applying for spousal benefits?
Yes, you can continue working while receiving spousal benefits. However, your benefits may be reduced if you claim them before your full retirement age or if your earnings exceed a certain limit.
Bottom Line:
Eligibility for spousal Social Security benefits after the death of a former spouse depends on several factors. If you think you may qualify, apply through the Social Security Administration. These additional benefits can significantly enhance your retirement finances.
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