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Old 04-29-2010, 10:36 PM
 
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Default Ex Spouse and social security benefits after 10 years

I am wondering if anyone knows how the 10 year rule works for a wife who was married to a disabled Vet? I was married for over 10 years, divorced, then remarried the same man and divorced him again just short of 10 years. Total marriage was 19 years and about 9 months. Does anyone know how this would effect benefits ?
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Old 04-30-2010, 04:26 AM
 
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Quote:
Originally Posted by elaussies View Post
I am wondering if anyone knows how the 10 year rule works for a wife who was married to a disabled Vet? I was married for over 10 years, divorced, then remarried the same man and divorced him again just short of 10 years. Total marriage was 19 years and about 9 months. Does anyone know how this would effect benefits ?
Not sure if you are referring to SS benefits or VA benefits. If SS, you would qualify, as you were married for over 10 years, as long as you didn't remarry someone else.
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Old 08-18-2010, 02:14 PM
 
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Default question

Sorry if this is in the wrong place could not find where to start a new question.

Do we have to be divorced for two years before I get 1/2 of ex spouses SS ?
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Old 08-18-2010, 04:39 PM
 
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How long were you married? Did you remarry? Did he remarry? Did you work? You don't just automatically get 1/2. There are a lot of factors involved
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Old 08-18-2010, 05:13 PM
 
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Quote:
Originally Posted by AlinaRenee View Post
Sorry if this is in the wrong place could not find where to start a new question.

Do we have to be divorced for two years before I get 1/2 of ex spouses SS ?
To start a new thread, at the top of the specific forum i.e. RETIREMENT there is a place to click which says, "NEW THREAD."

There are several factors involved, but there is no time limit that you have to have been divorced.
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Old 08-18-2010, 11:20 PM
 
Location: 35 yrs CO, 3 yrs CT
1,414 posts, read 1,312,288 times
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Quote:
Originally Posted by NOLA2SGF View Post
Thing is, if I'm not mistaken, usually you can only get 1/2 of your ex's social security. It doesn't take much time in the working world before your own social security is more than that.

For example, if your ex is expecting $2000/month in social security, and on your own you can expect $1200/month, then you would do better on your own SS. You would only get $1000/month from his.
One reason to take the lower ex-spouse benefit would be to allow your own benefit to max out at the age 70 benefit amount. You then switch to your own record. As a widower, I am doing this, collecting on my wife's record until my own tops out at 70. This of course assumes you do not immediately need the higher amount.
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Old 08-19-2010, 07:01 AM
 
Location: Baltimore, MD
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Quote:
Originally Posted by AlinaRenee View Post
Sorry if this is in the wrong place could not find where to start a new question.

Do we have to be divorced for two years before I get 1/2 of ex spouses SS ?
It depends. If you and your ex-spouse were married for at least 10 years, you are not currently married, both you and your ex are at least 62 years old and the ex is NOT retired, you will need to have been divorced for at least two years before collecting on your ex's record.

Last edited by lenora; 08-19-2010 at 07:03 AM.. Reason: corrected typo
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Old 08-19-2010, 07:34 AM
 
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Quote:
Originally Posted by lenora View Post
It depends. If you and your ex-spouse were married for at least 10 years, you are not currently married, both you and your ex are at least 62 years old and the ex is NOT retired, you will need to have been divorced for at least two years before collecting on your ex's record.

---and the ex is NOT retired-----

Yes, that is the " catch"

If the ex is drawing at 62, the 2 years wait does not apply.
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Old 08-29-2010, 07:07 PM
 
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My ex is 69 collecting SS but still working,I will be 62 in two months, we have been married 40 years, I have just been awarded SS disability of $600 per month,

Ex's SS is $1600 a month. How does this affect my receiving half of his SS?
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Old 08-30-2010, 02:10 PM
 
Location: southwest TN
6,501 posts, read 6,464,852 times
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Disclaimer: I neither work for the SSA nor am I an attorney. This is not legal advice. It is information I found out because of my own situation.

Social security benefits are calculated based on 1/2 of the ex spouse's benefits MINUS your own benefits. You get yours plus the difference. You do not get an option to choose the spouse's benefits OR your own.

AND, if your ex-spouse has remarried and that spouse is also eligible to receive Soc Sec benefits, the total amount paid to spouse+ex-spouse cannot exceed 1/2 of the benefits of the living ex-spouse. The current spouse's benefits are also calculated as: 1/2 Major wage earner benefits - spouse(or ex-spouse) benefits, added to benefits.

Let me rephrase that using ME as an example:

My ex-husband is remarried. He makes way more than either me or his current wife - so we both together will be eligible to claim up to 1/2 of his benefits when he finally retires. (Lucky for me she is 10 years my junior).

So, Jerk's benefits divided by 2 minus what I currently receive is what I will get PLUS I will continue to draw based on my own earnings record. So my amount will equal 1/2 of his but only that portion not my benefits will be credited against his account.

Eg. 50% of $2000 = $1000 - $500 (MY account) = $500 from HIS account but not deducted from the amount he will get ($2000). While I will get $1000, it is the allocation that is important because that is subject to change when his current wife hits retirement age.

That $500 paid to me will change if his wife is only eligible for $200 based on HER earnings -- my amt would drop by $300 as the total paid to both spouse and ex-spouse is only allowed to total 1/2 of his benefit. On the other hand, if she becomes eligible to get $1000 or more based on HER earnings alone, she doesn't take anything from his account and I still get the entire 50% minus my own.

Is that clear as mud?



Quote:
Originally Posted by NOLA2SGF View Post
Thing is, if I'm not mistaken, usually you can only get 1/2 of your ex's social security. It doesn't take much time in the working world before your own social security is more than that.

For example, if your ex is expecting $2000/month in social security, and on your own you can expect $1200/month, then you would do better on your own SS. You would only get $1000/month from his.
Quote:
Originally Posted by Different Drummer View Post
Soc Sec will give you which ever is greater...based on either YOUR earnings, or your ex's.
Quote:
Originally Posted by cricket_factor View Post
I was married for 12 years, then divorced. I am three years older than the ex-husband.

My ex-husband remarried a few years later.

Does this mean my ex-husband will get my Social Security benefits in addition to his present wife's?

Does the Social Security Office let you know a former spouse has started to draw off of your benefits?
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