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am i entitled to my ex husband social security when he dies?

Feb
16
2010
By Guest (not verified)

i was married to a man for 15 years been divorced for 30 years. am i entitled to his social security?

Forums: 
Marriage, divorce and Social Security

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Submitted by Site Admin on Tue, 02/16/2010 - 23:26

Based on what you stated, you're a good candidate to receive benefits based on your ex-husband's work record.

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

* You are unmarried;
* You are age 62 or older;
* The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work; and
* Your ex-spouse is entitled to Social Security retirement or disability benefits.

If you remarry, you generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce or annulment).

http://www.ssa.gov/retire2/divspouse.htm

Submitted by Guest (not verified) on Sat, 07/30/2011 - 03:58

my boy friend was married for 30 years, they divorced, she signed a legal form giving up all rights to his social security and retirement. signed by her and the judge. will she still be able to get it.

Submitted by Site Admin on Sat, 07/30/2011 - 22:21

I have never run across a case where a divorced spouse had "signed away" Social Security retirement benefits. I suspect it is not possible to do so.

It is possible to "sign away" rights to IRA or private pension monies. However, I have not been able to see that one could sign away their right to Social Security as a divorced spouse.

Generally, the ex-spouse can receive benefits based on your boyfriend's record (even if he remarries) if:

  • The marriage lasted 10 years or longer;
  • The ex-spouse is unmarried;
  • The ex-spouse is age 62 or older;
  • The benefit that the ex-spouse is entitled to receive based on her own work is less than the benefit she would receive based on the previous spouse's work; and
  • Your boyfriend is entitled to Social Security retirement or disability benefits.

Note that you should not be concerned about the benefit the ex-spouse receives as the benefit the ex-spouse gets has no effect on the amount of benefits your boyfriend would receive. Nor would it affect the amount you may receive if you were to marry him.

http://www.ssa.gov/retire2/yourdivspouse.htm

Submitted by Guest (not verified) on Tue, 08/09/2011 - 18:32

Is it true an ex-spouse can only receive 1/2 of what the benefits are? My ex-husband is retired and I'm almost 65. If I were to apply for benefits from being divorced (many years), I couldn't hold a full time job? Would I be penalized as if I were applying for early SS on my own?
So if a female works, it's not likely she'll benefit from her ex-husband if she can only draw 1/2 of what he does.

Submitted by Site Admin on Tue, 08/09/2011 - 22:59

There's a couple questions here.

First, if you were born between 1943 and 1954, your "full retirement age" is 66. So if you start receiving Social Security before age 66, your benefits will be reduced for "early retirement". See here for details :

http://ssa.gov/retirement/1943.html

If you are eligible for retirement benefits on your own work record Social Securitywill pay that amount first. But if

  • the benefit on your ex-spouse's record is a higher amount, you will get a combination of benefits that equals that higher amount (reduced for age under 66).
  • you have reached full retirement age and you are eligible for a spouse's benefit and your own retirement benefit, you have a choice. You can choose to receive only the divorced spouse's benefits now and delay receiving retirement benefits until a later date. If retirement benefits are delayed, a higher benefit may be received at a later date based on the effect of delayed retirement credits.

http://www.ssa.gov/retire2/divspouse.htm

You may want to consult directly with the SSA for your situation.

Submitted by Guest (not verified) on Fri, 09/02/2011 - 22:56

I have been with my husband for 22 years but we never married, will i be entitle to his social security benefits if not married?

Submitted by Site Admin on Sun, 09/04/2011 - 22:39

Sounds like you may be in a common law marriage. Laws relating to common law marriage vary from state to state. You may want to contact Social Security or possibly other advisers relating to this.

http://socialsecurityhop.com/en/handbook/03/0307-common-law-marriage

http://socialsecurityhop.com/en/handbook/17/1717-evidence-of-common-law-...

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/296

https://secure.ssa.gov/poms.nsf/lnx/0200305060

http://www.ssa.gov/OP_Home/cfr20/404/404-0726.htm


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