If my ex husband remarried can I get his social security?
Please trust me when I say that this is probably one of the most asked questions on the Internet for the past few years. Especially, when they are thinking about divorce after being married for years!
A lot of women whose ex-husband has remarried often are often left wondering about their financial security and the benefits that comes with SS.
But guess what? The rules related to Social Security might just surprise you, my friend! And that is exactly what I plan to tell today in my blog!
So, if you want to know what are the rules of Social Security after your ex-husband remarries and how (or whether) you might still get the benefits, you have come to the right place!
Therefore, keep on reading this article till the end…
What Is Social Security?
Social Security represents a safety net that ensures the financial aid of people who have fallen ill, have retired due to old age or disability.
It’s a program governed and managed by the government of the United States of America. A person who works and files tax returns indirectly supports Social Security with a part of the money they pay.
And when they get old, they can be reimbursed a certain amount every month. This is the case of their Social Security benefits.
However, here comes the positive side: the worker is not the only one who enjoys these benefits.
Family members of the worker—like a spouse or even an ex-spouse—are frequently the ones who share the benefits with the worker.
The question you have asked is exactly the point—if your ex-husband gets a new partner, can you still have a share of his Social Security?
If My Ex Husband Remarried Can I Get His Social Security?
As I have already mentioned above, these Social Security benefits are basically like a safety net! People rely on them when they can no longer work.
So, even if women get divorced they are often scared about the fact they they might be stripped of the benefits that they get from their ex-husband’s Social Security.
“If my ex husband remarried can I get his social security?” — this is generally the most common question that they ask!
And the answer is YES. It is still possible for you to receive Social Security benefits from your ex-husband-even if he is married to someone else.
The government is quite clear that a divorce doesn’t necessarily mean that one of the parties was not supportive of the partner’s life and career during the marriage.
And that is the reason why they allow certain divorced spouses to receive benefits that are based on the ex-husband’s work record. Yep! You read that right!
The gist of it is: the new wife of your ex-husband will not get your part of the benefits. Social Security neither decreases her benefits nor yours.
In fact, the two of you can receive benefits from his record, and neither one of you loses. It isn’t a matter of sharing or dividing—it’s about what each of you is entitled to.
In other words, she will get her share and you will get yours. It is as simple as that!
How To Qualify For Your Ex-Husband’s Social Security?
Here’s the catch— just because you were married to him does not automatically make you eligible to get his SS benefit! You really need to qualify for that.
So you want to get some benefits from your ex-husband’s social security record, right? Well, here are some simple rules you must comply with:
- You were husband and wife for not less than 10 years. If your marriage lasted 5 or 8 years you are unfortunately not eligible, though.
- You are 62 years old or more. The minimum age to get benefits is 62, but the amount will be reduced if you decide to wait until your “full retirement age” (normally between 66 and 67).
- You’re not married now. It is sure that, if you get married again after divorce, you generally cannot use your ex-husband’s benefits (except, of course, if your last marriage ended too—divorce or death).
- Your ex-husband is a Social Security participant. He has to be eligible even if he hasn’t actually received the benefits so far.
- The benefit you will receive is less than the one you would get from his. Social Security pays you the total higher between your own record and half if your ex’s record—not both.
In case you can tick all the above boxes, I am happy to inform you that you may be entitled to receive a benefit equal to 50% of your ex-husband’s full retirement amount.
How Much Can You Get From Ex-Husband’s Social Security As A Divorced Spouse?
Now THAT is a great question! And you know what? I think I might just have the perfect answer for you.
The amount you can get depends on two things:
- Your ex-husband’s benefit amount at full retirement age.
- Your age when you start claiming.
If you start at your full retirement age, you can get half of his Social Security benefit. Say his benefit is $2,000 whichever month, you can take $1,000 the same period.
When you start early, e.g. at 62, you receive less. The government decides to reduce your amount a little since you will use it for a longer time.
Moreover, here is a very important piece of information: that does not impact your ex-husband’s benefits anyway.
He is still receiving the same amount, and also, if his new spouse meets the conditions, she will be getting her share. No one is left out.
Imagine it like this: Social Security is a big cake for everyone who qualifies, and your portion doesn’t make theirs any smaller.
Your Legal Guide: Will You Get Your Ex-Husband’s Social Security After You Remarry?
So, by now you should be clear with the fact that even if your ex-husband remarries, you will still be able to get your share of his SS benefits.
“That’s great! So, I can remarry as well!”
Obviously! No one can stop you from remarrying. However, if your concern is to get the Social Security of your ex-husband, I am sorry to break your bubble, but you need to think twice.
“Does it mean that I will not get the benefits if I remarry?”
Yep! That’s right. And that’s mainly because, if you remarry, you will become part of a different marital unit. At that time, you will be eligible for the Social Security benefits of your new partner.
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