How To Draw Social Security Benefits Off Your Ex-Spouse
Divorced Spouses Have Different Rules
Most people are vaguely aware that you have to have been married at least 10 years to qualify to draw Social Security off your former spouse. But if you are not already drawing benefits on your own work record, you must wait 2 years after the divorce before you can draw off your ex-spouse. If he is already drawing benefits, you don’t have to wait 2 years to begin drawing benefits.
You can’t get BOTH your own Social Security and draw benefits off your ex-spouse. You draw whichever benefit is higher. If half of your ex-spouse’s benefit is more than all of your benefit, you choose the higher amount.
Rules for married couples are stricter. I can’t draw off my husband unless he is already drawing benefits. If my spouse wants to wait until 70 to start his Social Security, I’ll have to draw my own, much smaller benefit until he draws. Once he starts Social Security, I can switch over to my spousal benefit.
One rule that is consistent for married and divorced couples is that both you and your spouse or former spouse must be at least age 62 to draw spousal benefits. If your spouse is a lot younger, you can’t draw spousal or ex-spousal benefits off of him until he is at least age 62. You too must be at least 62.
To collect on your ex-spouse’s work record, you must not have remarried. He can remarry, but if you do, you forfeit the right to draw off of your ex. If you later divorce again, your right to draw off that first ex-spouse is revived!
You do NOT need your ex-spouse’s permission to draw spousal benefits off of his work record. As long as you were married for 10 full years (look at the date your divorce was signed by the judge (not by the date you filed), you qualify. In fact, there is nothing he can do to prevent you from drawing off of him.
These rules cut both ways for men and women. If she is the high earner, he can draw off of her work record
If your ex draws benefits off your work record, this will not in any way reduce what you are able to draw. It won’t hurt you. It won’t hurt your current spouse. Your ex will likely not even know — unless he calls and asks the Social Security office!
You could have several ex spouses that qualify to draw the same amount off of your work record
While the Social Security Administration is not able to give our advice, they are the only ones that can tell you what amounts of retirement money you are dealing with. To get the SSA to talk to you about your ex-spouse’s work record, you must fax them legal documents to prove you were married and divorced.
Being able to draw a higher amount off your former spouse might make a huge difference in your ability to enjoy your retirement years. You don’t have to wait until age 62 to find out what amounts you may be eligible for. Just call the SSA today so you are better prepared when the time comes.
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