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Will My Mom Get Her Ex-Husband’s (My Dad) Social Security Benefits?
Divorce can be a complex and emotionally challenging process, especially when it comes to financial matters, such as Social Security benefits. Many individuals wonder if their ex-spouse will be entitled to any of their Social Security benefits after the divorce, particularly if they were married for a considerable period of time. In this article, we will delve into the matter and shed light on whether or not a woman can receive her ex-husband’s Social Security benefits.
First and foremost, it is important to note that the rules surrounding Social Security benefits after divorce can vary depending on various factors, including the specific details of the divorce settlement and the duration of the marriage. However, there are general guidelines provided by the Social Security Administration that can serve as a starting point when looking into this matter.
If your mother and father were married for at least ten years, it is possible for your mother to claim Social Security benefits based on your father’s earning record, even if he has remarried. However, certain qualifications must be met to be eligible for these benefits. Your mother must be at least 62 years old and unmarried; if she remarries before the age of 60, she will not be eligible. However, if she remarries after the age of 60, or if she is already receiving benefits based on her ex-husband’s record, she can still continue to receive them.
Additionally, it is essential to consider comparative earnings. If your mother’s own Social Security benefit is higher than what she would receive based on your dad’s record, then she will not be eligible to claim his Social Security benefits. However, if his benefits are higher, she may choose to receive those instead.
Another crucial factor to take into account is the age at which your mother decides to claim her Social Security benefits. If she chooses to claim before her full retirement age (FRA), which is typically between 66 and 67 years old (depending on the year of birth), her benefits will be reduced. The reduction is calculated based on the number of months left before reaching her FRA. Waiting until her FRA or even later could potentially result in higher benefits in the long run.
It is also important to be aware that if your mother qualifies for her own Social Security benefits, regardless of the amount she receives, this will not affect or reduce your father’s benefits or the benefits of his current spouse (if applicable). Social Security benefits are considered separate and are not diminished or divided among multiple claimants.
To claim benefits based on your father’s record, your mother would need to contact the Social Security Administration and provide necessary documents, such as her marriage certificate and divorce decree. It is always advisable to consult with a qualified professional or contact the Social Security Administration directly to receive personalized guidance based on the specific details of the situation.
Divorce can be a challenging period in a person’s life, but understanding the possibilities surrounding Social Security benefits can help alleviate some of the financial uncertainties. If your mother meets the qualifications outlined by the Social Security Administration, she may indeed be entitled to claim benefits based on your father’s earnings record.
My sister was married for 30 years. Divorced for 10 years and then started to collect spousal benefits. A few years later her ex died so she was able to receive a higher benefit as a widow because she never remarried.
All my exes live in Texas …
Glad to see you cover the 10 year marriage AND the no remarriage before 60/50 with a disability.
Retiring in 2 weeks, collecting survivor benefits. I'll switch down the road.
So, a single taxpayer could have four or five ten year marriages, which means four or five people could collect spousal benefits, having never paid into SS. Not likely, but it could happen.
This question just came up last week about my mom. Now we know the answer. thx Josh!
His was way higher than mine been living off his last three years I didn’t care if I lost 70 or 75 percent my Survival Benefit is still more than I would get off my own record at my retirement age so it was a no brainer am set I am glad I qualified
Taking advantage of the deads $$$ that had nothing to do with in years makes no sence. I never heard of it but makes me thinking if you divorce read the fine print and deal with it before the divorice. God Bless and in times things are tough but work thru it
My Mom was able to choose between HER Record & BOTH her Exes. She chose my Dad's since his was more.
Something else that might be worth pointing out here, Josh, is that it also doesn't matter what some A.H. lawyer put in the divorce decree about the ex not being able to collect on that SS. Because I have seen people fall for that. SS rules trump that nonsense.
My mom got my dad’s social security. She was remarried before 60 but was not currently married when she applied so she qualified.
If a divorce occurs…Nobody dies…And a spouse is looking to collect a spousal benefit from her husband. She was never remarried, was married for 20 or 30 years to the original fella. Can she collect a spousal benefit from him before the former husband begins to collect his own social security?