Ex's Soc Security 10 year rule (divorce, divorced, spouse, marriage)

[kelly237]

Does anyone know if the 'married 10 years" rule
means 10 years before final divorce or
legal separation??

Separation was after 9 years but divorce was after
10 years.

[GreenGene]

Does this help?

Benefits for a divorced spouse

Your divorced spouse can get benefits on your Social Security record if the marriage lasted at least 10 years. Your divorced spouse must be 62 or older and unmarried.

The amount of benefits he or she gets has no effect on the amount of benefits you or your current spouse can get.

Also, if you and your ex-spouse have been divorced for at least two years and you and your ex-spouse are at least 62, he or she can get benefits even if you are not retired.

Retirement Benefits

[kelly237]

That statement about "marriage lasting 10 years"
is what I am wondering about .

Would it count marriage til legal separation or
total time before final divorce???

[TTTenor]

The ten year requirement is met if the divorce was final on or after the tenth anniversary of the marriage.

[NOLA2SGF]

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.

[kelly237]

Originally Posted by TTTenor

The ten year requirement is met if the divorce was final on or after the tenth anniversary of the marriage.

That is what I was wondering.
Thanks

[Different Drummer]

Soc Sec will give you which ever is greater...based on either YOUR earnings, or your ex's.

[NOLA2SGF]

Originally Posted by Betsy63

Soc Sec will give you which ever is greater...based on either YOUR earnings, or your ex's.

That is true, might be a little misleading to some, since the amount based on your ex's is actually only HALF of what your ex will get:

A man/woman who is divorced after at least 10 years of marriage keeps certain benefit rights on their former husband/wife's Social Security record. In order for him/her to get benefits, a divorced husband/wife must be at least age 62 and the former spouse must be eligible for benefits, but not necessarily receiving them. The maximum benefit is 50% of the benefit the worker would receive at full retirement age.

(emphasis mine)

This quote is from the Social Security Administration, at this link: Answer

For example, if one's ex will be receiving $2000/month in SS, the maximum you can get from that is $1000/month (half what he gets). Often a woman will do better if she just sticks to SS based on her own earnings.

[cricket_factor]

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?

[TTTenor]

Originally Posted by cricket_factor

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?

Your former husband cannot draw a divorced spouse's benefit if he is currently married. Also, he could not receive two spouse's benefits at one time. If he were eligible for two, he would have to pick one. And if he receives his own SS benefit, he would only receive the difference between his own benefit and any spouse's benefit for which he might be eligible.

Payment of a benefit to a former spouse does not affect the payment of any other benefit, so the Social Security Administration does not notify you if a former spouse has filed a claim on your record.