Wednesday, August 10, 2022

Can I Collect Social Security From My Ex Husband

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How Dwp Works With Other Data Controllers

Can I Collect My Ex-spouse’s or Deceased Spouse’s Social Security?

DWP works closely with other parts of government to help deliver social security and other services. For most day-to-day DWP business, DWP is the data controller and is responsible for all aspects of how information is used. But for some of the areas where DWP works together with other organisations, we share responsibility for how your personal data is used. This section explains how this works.

Benefits For Your Family

If youre getting Social Security retirement benefits, some members of your family may also qualify to receive benefits on your record. If they qualify, your ex-spouse, spouse, or child may receive a monthly payment of up to one-half of your retirement benefit amount. These Social Security payments to family members will not decrease the amount of your retirement benefit.

Basic Requirements For Coverage


You must be a resident of Massachusetts to get MassHealth or other health care benefits that are funded by the Commonwealth.

You meet residency requirements if:

  • You live in Massachusetts and either intend to reside in Massachusetts, with or without a fixed address, or have entered Massachusetts with a job commitment or seeking employment

You do not meet residency requirements for MassHealth ifyou are visiting Massachusetts:

  • For personal pleasure, such as for vacation, or
  • To receive medical care in a setting other than a nursing facility

Citizenship or immigration status

To get the most MassHealth, Health Safety Net, or Children’s Medical Security Plan coverage, your citizenship or satisfactory immigration status must be verified.

MassHealth may conduct information matches with state and federal agencies. If you do not provide this information, you may be considered for fewer benefits.

If electronic sources are unable to verify your declared status, documentation may be requested from you.

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Quick Facts About Claiming On Your Ex’s Earnings Record:

  • You can claim even if your ex has remarried.
  • You can claim even if your ex hasn’t retired and isn’t receiving Social Security benefits .
  • Claiming won’t reduce your ex’s Social Security benefits or his or her current spouse’s benefits.
  • The SSA won’t notify your ex that you’ve claimed on his or her record.

Start With Your Benefits Estimates

When can I draw on my exs Social Security benefits?

Your first step in maximizing your Social Security benefits should be to visit the Social Security Administration website. If you know your ex’s Social Security number, you can check for his or her benefits as well. Or you can ask your ex about his or her benefits if the two of you are on good terms.

If you’re not, the SSA can give you information about your ex’s benefits. You’ll need both your and your ex-spouse’s benefits estimates to determine your best Social Security claiming strategy.

When you file for Social Security, you file for all the benefits for which you’re eligible, including divorced spousal benefits. So even if you don’t know your former spouse’s Social Security number, you can still file for and receive divorced spousal benefits.

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Individual States Have Their Own Requirements

States that currently recognize common-law marriage are Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas and Utah, as well as Washington D.C. Several other states recognize past common-law marriages up to a specific date, but that date is different in each state. There are also several states that don’t recognize common-law marriages themselves but will recognize such marriages from other states.

If that’s not complicated enough, the requirements for establishing a common-law marriage also vary by state. So the first thing to do is check your own state’s current regulations. Another thing to be aware of is that the recognition of common-law marriage doesn’t automatically extend to same-sex couples in most states.

Can I Collect My Husband’s Social Security

Yes, you can collect Social Security’s on a spouse’s earnings record. You may be able to do this in the form of spousal benefits, or as survivor benefits if you are a widow or widower. … Regardless of the amount of the spousal benefit, it does not affect the amount of your mate’s retirement payment.

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How Earnings Are Calculated For Social Security

As you make plans for your divorce or retirement, you may ask how social security earnings are calculated how does spousal social security work? First, the Social Security Administration is responsible for all forms of social benefits.

You need a personal Social Security account according to the Social Security Administration. This account gives you an estimate of your unique retirement benefits and how retirement age affects your earnings.

The basis of your social security is your lifetime earnings based on your work record throughout your working life.

That forms the foundation of what the SSA uses to work out social security. Based on this, Social Security adjusts your earnings to reflect historical changes in wages since you started receiving your payments.

Then, Social Security calculates your average indexed monthly earnings using your best earned 35 years. If your eventual income meets the maximum taxable income, then it is subjected to social security taxes.

After that, Social Security uses a formula with your monthly average to determine your primary insurance amount . The result is the amount you are entitled to monthly when you reach your full retirement age to claim benefits.

The full retirement age is currently 66 years and two months, increasing to 67 for people born in 1960 and after. As of 2021, the formula for your average monthly is:

Whose Earnings Record Should You Collect On

When Can My Spouse Collect Social Security Benefits?

If your ex qualifies for Social Security benefits, you were married for at least 10 years, and you’re not remarried, you have options.

You can claim Social Security on your own earnings record or on your ex’s record. If your ex qualifies for Social Security but isn’t already collecting, you can still collect on his or her record if you’ve been divorced for at least 2 years.

You’re entitled to half of your ex’s benefits if you start collecting once you reach your full retirement age . But you won’t receive increased benefits by waiting past your FRA.

If the benefits you’d receive by collecting on your own earnings record are more than what you’d collect on you ex’s record, consider collecting on your own record.

The history of your earnings for the years you worked.

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Divorced Spouse Social Security: Recent Rule Change

The basic rules for divorced spouses and Social Security say that if an individual was married for at least 10 years and then divorced, they are eligible to collect spousal benefits on the earnings record of their ex-spouse as long as they are at least 62 years of age and currently single. The divorced spouse can collect on the ex-spouses account under these circumstances even if the ex-spouse has remarried.

Furthermore, if the couple has been divorced for at least two continuous years, the ex-spouse can claim benefits based on the other partners earnings even if the latter has yet to file for benefits. This contrasts with the rules for current spouses, who cant collect benefits unless their spouse is already collecting them.

Ex-spouses who were born on or before Jan. 1, 1954, are allowed to file a restricted claim for spousal benefits at their full retirement age and suspend their own benefits until later, a practice known as file and suspend. This allows their own benefit to keep growing by 8% a year up to age 70, when their benefit maxes out. At that pointor sooner, if they wishthey can switch over to their own, higher benefit.

However, under the rule change, divorced spouses who were born on or after Jan. 2, 1954, are deemed to be filing for all available benefits when they apply for Social Security. They will automatically receive whichever benefit is higher, but they can no longer take one type of benefit now and switch to another one later.

How Dwp Shares Information About You

DWP may share information with and get it from other organisations such as:

  • other government departments
  • use for research or statistical purposes
  • to protect you or others in an emergency

Some social security services are also delivered under devolution agreements, for example by the Department for Communities in Northern Ireland, the Scottish Government, and some local authorities. DWP shares information when necessary for these services, as permitted by law.

We will only ever give information about you to someone outside DWP if the law allows us to.

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Its Always Smart To Maximize Your Social Security Benefits And If You Are Divorced One Way To Do That Might Be To Take Them Based On Your Exs Earnings Record Here Are Some Of The Rules On How That Works

Divorce is always tough emotionally and financially. But divorce later in life can be especially challenging While marital splits in the U.S. are generally on the decrease, the divorce rate among Americans 50 and older has roughly doubled since the 1990s, and almost tripled for those over 65.

If youre divorced and nearing retirement, its a good time to educate yourself about Social Security and to learn the ins and outs of collecting benefits from a divorced spouse.

First of all, yes, you can collect on your ex-spouses record if:

  • You are at least 62 years old.
  • You are single.
  • You were married to your ex-spouse for at least 10 years.
  • The benefit you are entitled to receive based on your own work history is less than the benefit you would receive based on your former spouse’s work history.
  • Your ex-spouse qualifies for Social Security benefits.

You can even begin drawing benefits before your ex has retired, as long as they qualify and youve been divorced at least two years.

Benefits For Your Divorced Spouse

Can I Collect My Ex

If you are divorced, your ex-spouse can receive benefits based on your record if:

  • Your marriage lasted 10 years or longer.
  • Your ex-spouse is unmarried.
  • Your ex-spouse is age 62 or older.
  • The benefit that your ex-spouse is entitled to receive based on their own work is less than the benefit they would receive based on your work.
  • You are entitled to Social Security retirement or disability benefits.

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Social Security Rules For Divorced Women

A divorced woman can collect Social Security based on her most recent husband’s benefits, provided she was married for a minimum of 10 years and does not remarry prior to age 60. In all other respects, the rules for collecting Social Security based on an ex-husband’s earnings are identical to those of a woman still married to the husband.

How Long Do I Need To Have Been Married To Collect My Exs Benefits

Another common question people ask is How long do you have to be married to get spouse social security?You have to have been married for at least ten years before you can get social security benefits after divorce according to the Social Security Administration. Also, your divorce must be at least two years.

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If Your Spouse Passes Away Before Starting Social Security:

If your spouse passes away during working years, you are eligible to receive Social Security benefits on their record starting as early as age 60.

Even if your spouse was older and already taking their Social Security benefit, you cannot start a survivors benefit until you are 60 years old. The only exception to this is if you are caring for children who are either under 16 or disabled. In this situation, there is a possibility you could start collecting a Social Security benefit earlier than 60.

If you are widowed a remarry before age 60, you lose the ability to claim off your deceased spouse. If this marriage ends, you regain the ability to claim survivors benefits.

If you remarry after age 60, there is no effect on your ability to claim Social Security benefits on your deceased spouse.

If you start a survivors benefit at age 60, the benefit will be reduced from its full amount. To receive the full amount, you would have to wait until your Full Retirement Age to start your benefit. You can learn more about what your Full Retirement Age is here.

There is one strategy that allows you to get some money while letting your own benefit grow if you are a widow or widower. If you also worked during your career and are going to have a sizable Social Security benefit, this strategy might work for you.

Listen to learn more about Social Security Survivors Benefits:

Your Rights When Dwp Uses Your Information

Social Security & Divorce: Can I claim Social Security based on an ex-spouse?

You have various rights about how DWP uses your data. For example, you have the right to access the data that we hold about you. DWP does not charge for this.

New data protection laws also provide you with:

  • the right to be informed
  • the right to rectification
  • the right to restrict processing
  • the right to data portability
  • the right to object
  • the right to not be subject to automated decision-making, including profiling

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Department Of Health And Social Care

DWP, DHSC and the NHS work together and share information often to deliver a number of services, including:

  • UK Global Health Insurance Card , European Health Insurance Card and other overseas healthcare services
  • checking entitlement to free prescriptions and other healthcare services such as fares to hospital
  • compensation recovery services

Eligibility For Health Care Benefits For Masshealth The Health Safety Net And Children’s Medical Security Plan

To find out if you’re eligible, you must fill out an application. You can learn more about how to apply to MassHealth, the Health Safety Net, or the Children’s Medical Security Plan or for seniors or those who need long-term-care. If you need completing the application, you can find assistance in your area.

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Can You Collect Social Security From An Ex

Social Securitys spousal benefits option gives people the chance to collect benefits based on their ex-husbands or ex-wifes earnings history. Its a tool that could help low benefit earners who have taken time off to raise children, care for a loved one, or perform another duty that kept them from working.

Sign up for one of our free Social Security Workshops if you want to learn how spousal benefits and other program options could boost your income in retirement. Youll also have a chance to meet a Social Security specialist who understands your situation and can help you move forward.

As A Divorce Spouse Am I Entitled To Receive Social Security Benefits On My Ex

Can I Collect Social Security Benefits on my Ex

You may qualify to receive benefits on your former spouse records if you meet these requirements:

  • The marriage lasted 10 years or longer
  • You are unmarried
  • You are age 62 or older
  • Your ex-spouse is entitled to Social Security retirement or disability benefits
  • The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouses work

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How Much Can I Receive

You can receive up to 50% of the amount your former spouse would receive in benefits at their full retirement age . This amount is not in addition to your own benefit and again, your benefit has to be lower than half of your exs benefit in order for you to apply. In other words, if your monthly Social Security check would be $1,000, and your exs benefit would be $1,500, you would not be eligible for former spousal benefits .

When applying for Social Security on your own record, your timing affects the amount you receive. That is also the case when applying on your former spouses record. You can begin receiving benefits when you turn 62, but since youd be applying for benefits before your full retirement age, your benefits would be permanently reduced by a percentage based on the number of months until your full retirement age. To get the full 50% of your exs benefit, you must wait until your full retirement age, but waiting beyond that age wont get you any additional money like it does when applying on your own record.

A few more details:

And if, like Elizabeth Taylor, you have been married more than once, you can choose which spouses benefits you want to collect on.

Supplemental Security Income Benefits

Supplemental Security Income helps people who are unable to earn sufficient wages on their own. It is available to adults with disabilities, children with disabilities and people 65 or older. Individuals with enough work history may be eligible to receive SSI in addition to disability or retirement benefits. The amount individuals receive varies based on their other sources of income and where they live.

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What You Should Know About Full Retirement Age

You can retire at any time between age 62 and full retirement age.

However, if you start benefits early, your benefits are reduced a small percentage for each month before your full retirement age.

You will draw benefits for a longer period, but the amount you receive each month would be reduced.

If you were born inYour full retirement age is
1937 or earlier

If you delay your retirement benefits until after full retirement age, you also may be eligible for delayed retirement credits that would increase your monthly benefit.

Heres a comparison of how retirement works drawing your own benefits vs. drawing a spouses benefits if your full retirement is at age 67

If you start your retirement benefits at age 62, your monthly benefit amount is reduced by about 30 percent. The reduction for starting benefits at age:

  • 63 is about 25 percent
  • 64 is about 20 percent
  • 65 is about 13.3 percent
  • 66 is about 6.7 percent

If you start receiving spouses benefits at age 62, your monthly benefit amount is reduced to about 32.5 percent of the amount your spouse would receive if their benefits started at full retirement age. The reduction for starting benefits as a spouse at age:

  • 63 is about 65 percent
  • 64 is about 62.5 percent
  • 65 is about 58.3 percent
  • 66 is about 54.2 percent
  • 67 is 50 percent

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