5 Steps to Claim Your Ex’s Social Security After Divorce

Love and marriage don’t always last forever. If your matrimony lasted ten years or even more, the financial benefits may last an eternity. That’s since you might be able to take Social Security according to your boyfriend or girlfriend-spouse’s benefits rather of your, even though you divorced decades ago.

The philosophy is the fact that both spouses frequently lead economically throughout the marriage, even if perhaps one individual was employed. The Social Security rules safeguard individuals who spent many of their working years families or playing a supportive role for their spouse and could don’t have any retirement funds that belongs to them.

The Guidelines for Social Security After Divorce

The utmost benefit you will get in line with the record of the spouse — whether you’re presently married or divorced — is 50% of the full retirement benefit. Full retirement may be the age where you be eligible for a 100% of the benefit. It’s 66 or 67, based on whenever you were born.

In case your ex-spouse dies before you decide to, you’ll typically be qualified to get survivors advantages of 100% from the payment per month these were receiving, just like you can in case your current spouse died.

Individuals with a lengthy employment record will typically be eligible for a a larger benefit based by themselves earnings rather of the spouse’s. Social Security provides you with the larger benefit, although not both.

Should you choose be eligible for a more income because of your boyfriend or girlfriend-spouse, they’ll technically provide you with whatever help you earned according to your record. Then, they’ll make use of your ex’s record to from the difference.

Thinking of getting revenge with an ex-spouse by claiming their Social Security? Move ahead. Your choice won’t affect their benefits by any means, nor does it impact their current spouse if they’ve remarried. If they’ve been married multiple occasions, all of their exes are permitted to assert on their own record.

From time to time, the divorce settlement will condition that certain spouse can’t collect Social Security in line with the other person’s record. Such stipulations are utter nonsense. The Social Security Administration states they’re “worthless rather than enforced.”

Ways to get Your Ex’s Social Peace of mind in 5 Simple Steps

As your Social Security checks won’t affect your boyfriend or girlfriend by any means, the only real reason to try and claim their benefits is if you feel you will get more income. If you think their record will increase your Social Security, follow these five steps.

1. Make Certain You Are Able To Answer ‘Yes’ to those Questions

To be eligible for a an ex’s Social Security benefits, you have to be here to answer “yes” to those four questions.

  • Had you been married for ten years or even more? In case your marriage lasted under ten years, you will not be eligible for a an ex’s benefits. Common-law marriages don’t count. You should also happen to be divorced a minimum of 2 yrs before you get checks according to your former spouse’s history, unless of course they’ve already began receiving benefits.
  • Are you currently a minimum of 62? This is actually the minimum age for beginning Social Security retirement benefits, regardless of whose record you’re using. However, you are able to qualify no matter how old you are if you are fixing your ex’s child who’s under 16 or disabled. In case your ex-spouse is deceased, you are able to be eligible for a survivors benefits at 60, or age 50 if you are disabled.
  • Still unmarried? If you are presently married, you are able to only claim in your record or perhaps your current spouse’s record. You’ll simply be qualified 50% of the full benefit too. And if you were married and divorced multiple occasions? Social Security uses whichever ex-spouse’s record provides you with the greatest benefit. Remember, though: Only marriages that lasted ten years or even more will count.
  • Is the ex qualified for benefits? Additionally towards the minimum chronilogical age of 62, Social Security requires a minimum of 40 work credits, which comes down to ten years of full-time work, to begin benefits. In case your ex doesn’t meet these criteria, there isn’t any benefit that you should claim. Observe that it normally won’t have to be receiving benefits. They simply need to be qualified.

2. Gather Your Ex’s Information

You’re have to some good info to demonstrate to Social Security that you’re qualified for the ex’s benefits. Be ready to provide your marriage license as well as your divorce decree.

Social Security must also locate their record. This is easiest if you’ve still got their Ssn. If you will no longer get it, Social Security might be able to find their record if you’re able to provide their birth date, where these were born and also the names of the parents.

3. Resist the need to inform Them

Remember: Your choice to find more Social Security in your ex’s record has no effect on them by any means. So there’s simply no need to refer to them as about this. Its not necessary their accept to get benefits according to their record. Social Security won’t refer to them as regarding your application.

4. Ask Social Security Whose Record Will get The finest Benefit

Now take that information you collected regarding your ex to Social Security so that you can determine whose record provides you with the greatest benefit. You are able to give them a call at 800-772-1213 or go to your local office. A scheduled appointment isn’t needed, but scheduling it’s possible to cut lower in your waiting time.


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5. Delay as Lengthy as you possibly can (although not Too Lengthy)

The sooner you are taking benefits, the low your monthly checks is going to be, regardless of whose record you claim on. The 50% you are able to be eligible for a using their history may be the maximum you’ll get should you hold back until your full retirement of 66 or 67. For each year you claim before this, you’ll permanently lower your benefits by 6.66%. Should you claim at 62, you’d only be eligible for a 32.5% of the benefit.

Don’t wait too lengthy, though. Whenever you take benefits by yourself record, you receive an additional 8% for each year you delay past your full retirement until your benefits maximize at 70. However when you’re getting spousal benefits, you do not earn delayed retirement credits. You will not get extra cash for waiting past your full retirement, so there isn’t any reason for delaying any more.

Your final note: Previously, a typical Social Security strategy ended up being to claim with different current or former spouse’s record as soon as possible, then transition for your own bigger benefit afterwards. However the rules altered within 2015 law known as the Bipartisan Budget Act. This is just a choice should you be born Jan. 2, 1954, or earlier.

Robin Hartill is really a certified financial planner along with a senior author in the Cent Hoarder. She writes the Dear Cent personal finance advice column. Send your tricky money inquiries to AskPenny@thepennyhoarder.com.

It was initially printed around the Cent Hoarder, which will help countless readers worldwide earn and cut costs by discussing unique job possibilities, personal tales, freebies and much more. The Corporation. 5000 rated The Cent Hoarder because the fastest-growing private media company within the U.S. in 2017.

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