“I am now 60 and understand I can’t apply for Social Security for another two years. What if my ex or I remarry? I was a stay-at-home mom most of our marriage of 27 years. My benefits will be much smaller than his.”
Nj.com recently published an article entitled “I’m divorced. Can I get Social Security from my ex-husband?”. The article says you have a number of options for receiving Social Security benefits, based on your ex-husband’s earnings records.
This is true, even if he remarries. An ex-spouse can claim benefits on his record, as long as he or she satisfies certain criteria.
The Social Security Administration explains that you can apply for benefits on your former spouse’s record, even if he or she hasn’t retired, provided you divorced at least two years before applying.
However, if you delay until your full retirement age to apply as a divorced spouse, your benefit will be equal to half of your ex-spouse’s full retirement amount or disability benefit.
The same rules apply for a deceased former spouse.
First, the marriage must have lasted 10 years or longer.
You must also be unmarried at the time you claim benefits and be 62 or older.
Another criterion is that the benefit you would receive based on your own employment record must be less than the benefit you’d receive based on your ex-spouse’s work record.
Last, your ex must be entitled to Social Security retirement or disability benefits for you to file.
If you qualify, you can receive up to 50% of your ex-spouse’s retirement benefit amount.
The amount of benefits you receive doesn’t have an impact on the benefits of your ex-spouse and his or her current spouse.
If you’re receiving a divorced spouse’s benefits, your benefits generally will cease, if you get remarried.
However, you may be able to receive benefits based on your new spouse’s work record or your own.
You should speak with the Social Security Administration about your options, since the agency can access your records to discuss your specific situation.
Remember: “An ounce of prevention is worth a pound of cure.” When making your estate plans or when probating an estate or administering a trust, do not go it alone. Be sure to engage a Cincinnati estate planning attorney.
For more information about estate planning, probate or trust administration in Cincinnati (and throughout the rest of Southwest Ohio) and to review free resources regarding estate planning, probate or trust administration, visit my website. If you have questions regarding this article or a particular legal matter, feel free to contact me at 513-399-PLAN (7526).
Reference: nj.com (June 30, 2020) “I’m divorced. Can I get Social Security from my ex-husband?”