How Long Does It Take To Receive Your First Ssi Check After Registering /
Tin can A Divorced Woman Collect Her Ex Married man's Social Security?
If yous are divorced, you lot may be eligible to collect Social Security benefits based on the earnings of your ex-spouse. To collect Social Security benefits based on a one-time spouse's earnings record, a divorced spouse must come across these requirements:
• You must accept been married to that spouse for ten years or more than.
• You must be at least age 62.
• You cannot currently be married.
As a erstwhile spouse, you must be entitled to receive Social Security retirement or disability benefits at the time the former spouse applies (whether or non the one-time spouse has actually started collecting benefits). You can receive benefits on an ex-spouse's record if you lot have been divorced for at to the lowest degree 2 continuous years and the ex-spouse has non applied for retirement benefits but can qualify for them. If you are eligible for retirement benefits on your own record, the Social Security Administration (SSA) volition pay that amount commencement. If the benefit on your ex-spouse'due south record is higher, yous will get an additional corporeality so that the combination of benefits equals that higher amount.
If yous were born before Jan ii, 1954, and have already reached total retirement age, you can choose to receive only the divorced spouse'due south benefit and delay receiving your ain retirement benefit until a later date. If your birthday is Jan 2, 1954, or after, the option to take only one do good at total retirement age no longer exists. If y'all file for one do good, y'all volition exist effectively filing for all retirement or spousal benefits. If you lot continue to work while receiving benefits, the same earnings limits employ to y'all and your ex-spouse. If you lot are eligible for benefits this yr and also working, y'all can use our retirement earnings test figurer to see how your earnings would affect those benefit payments. In general, a divorced spouse is entitled to a Social Security benefit that'south equivalent to 50% of the ex-spouse's retirement do good even if the ex-spouse has remarried. If the spouse is deceased, the former partner may be eligible for a survivor'south benefit of up to 100% of that corporeality. In either example, the divorced spouse must have reached full retirement historic period in society to receive the full (fifty% or 100%) benefit. If the person files before reaching retirement age, the benefit will be permanently reduced. (This is truthful, past the way, for anyone applying for the Social Security onetime-age do good. Y'all can file every bit early on every bit historic period 62, but the benefit amount will be set at a lower amount.) If the divorced spouse was married and divorced more than than once, and each marriage lasted the required 10 years, that person is entitled to the higher of the two benefits, but not both.45. Fifty-fifty if the former spouse remarries and the new spouse is collecting Social Security benefits based on that person's employment record, the ex-partner tin also collect based on that record.
If yous remarry while receiving benefits based on your ex-spouse entitlement, and that person is still live, you volition no longer be eligible for those benefits.
If your ex has not even so applied for retirement benefits only can qualify for them, yous can receive benefits based on the ex-spouse's earnings record, provided you lot meet the other requirements and have been divorced for at least two years. If you decide to begin collecting spousal benefits before your full retirement age, you can expect to receive a lower amount. If your full retirement age is 66 and you begin to receive spousal benefits at historic period 62, you will receive 30% of your spouse'south monthly do good. If y'all claim spousal benefits at historic period 65, you will receive slightly less than l% of your spouse'southward monthly benefit, depending on the exact month you start collecting payments. Depending on your circumstance, you may exist eligible to receive spousal benefits early without reductions. "If y'all are caring for a spouse's child who is under age xvi and receives Social Security, you can collect spousal benefits early without the reduction in spousal benefits." You will still need to be married for at least i year before applying for benefits. Spousal benefits differ from personal benefits when it comes to delaying payments. If you delay personal benefits by full retirement age, the benefit increases over fourth dimension. However, spousal benefits max out at full retirement age. There is no benefit to delaying your spousal do good merits by your full retirement age.
Divorce and Social Security Spousal Benefits
If yous are divorced, you lot must take been married for at least 10 years to exist eligible for a spousal benefit through your ex-spouse. In addition, you'll need to take been divorced for at least 2 years and be currently unmarried. "Both you and your ex-spouse must be at least 62. If you lot marry someone else after getting a divorce, you will not be eligible to receive spousal benefits through your ex-spouse. You will instead be eligible for spousal benefits based on your new spouse's work tape. In the event that your second marriage ends in divorce, you lot tin choose to receive whichever spousal do good is highest, provided the other requirements are met and both marriages lasted at to the lowest degree x years. "If your second marriage didn't last 10 years, you'll yet be eligible to collect benefits on your first spouse's record." Your benefits could be impacted by certain events, including the death of your spouse. Y'all may be eligible to receive a Social Security survivor do good equal to the full benefit your spouse was receiving. "If yous are married and your spouse passes away, the surviving spouse volition continue the higher of the two Social Security payments." If you got divorced and your ex-spouse passed abroad, you tin can still claim survivor benefits if y'all are 60 or older. To be eligible, the matrimony will need to accept lasted for at to the lowest degree ten years. If your spouse passes away and you get remarried, the benefits could change. "The important matter to remember in receiving survivor benefits is that if you remarry earlier age threescore, this volition cut off your eligibility to collect on your deceased spouse's or deceased ex-spouse's tape." "This could exist a very expensive decision, because while a spousal do good entitles y'all to 50% of the other spouse's benefits, a survivor benefit would entitle you to 100% of those benefits."
Eligibility Requirements for Divorced Spouses
Earlier you tin receive benefits on your ex-husband's Social Security work record, you must meet all of the following spousal-benefit eligibility requirements:
• your ex is entitled to Social Security retirement benefits
• your marriage lasted at least ten years
• you are single
• you're at to the lowest degree 62 years one-time, and
• the benefit you're entitled to on your own work record is less than the do good you'd receive on your ex's record.
If your ex-husband hasn't applied for benefits notwithstanding, but qualifies for them and is historic period 62 or older, you can receive benefits on his record if you've been divorced from him for at least ii years and meet all of the requirements listed above.
Eligibility When Your Ex-Spouse is Deceased
If your ex-husband dies, you may receive benefits on his record, every bit long as your marriage lasted for at least 10 years. If you don't run across the 10-year marriage rule, you can yet qualify for benefits if all of the following are true:
• you lot're caring for your ex-husband'due south natural or legally adopted child
• the child is under age sixteen, or disabled, and
• the kid is getting benefits on your ex-husband's work record.
Your benefits will continue until the child reaches historic period 16 or the child'southward inability ceases. The amount of benefits you receive as a divorced spouse volition not touch on the amount of benefits other survivors (such as some other ex-spouse) receive on your ex'due south tape.
Types of Social Security Benefits
There are four basic types of benefits based on the person receiving them. The types are retirement, disability, survivors and supplemental benefits.
Retirement Benefits
Retirement benefits are what typically come to listen when most people call up of Social Security. Such benefits are available for people 62 or older who have worked at least ten years. Your benefit corporeality will vary based on your pre-retirement salary besides as the historic period at which yous begin collecting benefits. While it is not meant to be your only source of income, it tin help you lot avoid debt during your retirement years. Additionally, your spouse or divorced spouse may exist eligible for Social Security retirement benefits even if he or she has not paid into the program.
Disability Benefits
Disability benefits support people who cannot work because of disabilities. As with retirement benefits, you lot need to have worked a certain number of years to be eligible for Social Security Disability Insurance (SSDI) benefits. The amount of work you need depends on your age, and your monthly benefit amount depends on your pre-inability salary. SSDI benefits may as well be available for your spouse or divorced spouse.
Survivors Benefits
Survivors' benefits can help bridge financial gaps for survivors of workers and retirees. Eligible recipients typically include help for widows and widowers, divorced spouses and children. The level of benefits depends on a number of factors, including the worker's age at death, the worker'south salary, the survivors' ages and the survivors' relation to the deceased. In that location is also decease benefit for survivors that is a one-time payment of $255 that goes to the spouse or children of a deceased worker.
Supplemental Security Income Benefits
Supplemental Security Income (SSI) helps people who are unable to earn sufficient wages on their own. Information technology 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 corporeality individuals receive varies based on their other sources of income and where they live.
Social Security Funding
The Social Security program is funded primarily through defended payroll taxes called Federal Insurance Contributions Human activity tax (FICA). Employers besides pay Social Security taxes. This funding method has not changed since the program's inception. Revenue nerveless and not used immediately is credited to the Social Security Trust Fund and invested in securities issued by the U.Due south. Treasury to fund regime operations.
Recipients of Social Security benefits receive payouts one time a calendar month. Full retirement benefits are available to you when you attain your full retirement age, which is between 65 and 67 depending on your twelvemonth of birth. For people born in 1960 or later, the total retirement age is 67. For those born before and so, the retirement historic period may be lower by a number of months. Although retirement benefits are available to people 62 or older, the plan encourages seniors to await until they are of full retirement historic period earlier they brainstorm collecting retirement benefits. Early drove of benefits results in a permanent decrease in monthly benefit amounts. The before you begin collecting, the fewer benefits you receive over fourth dimension.
Amount of Benefits
A divorced spouse generally receives 50% of the disabled worker's chief insurance corporeality (the amount of his or her monthly SSDI check). However, this amount is reduced if yous collect it before reaching full retirement historic period. Also, if the divorced spouse is collecting a mother'southward or father's benefit and the disabled worker's children are collecting SSDI benefits at the aforementioned time, the divorced spouse's benefit tin be reduced. The total of the divorced spouse'southward benefit and the children'south do good cannot be greater than the maximum family benefit, which is by and large 150% of the deceased worker's monthly SSDI do good.
Notation that the benefits paid to a divorced spouse based on beingness over threescore or disabled are not counted toward the maximum family do good and won't affect a electric current spouse'due south or child's benefits. A divorced spouse'southward benefit is counted toward the maximum family do good but when the divorced spouse is receiving an SSDI benefit based on being a parent of a child under 16 or disabled. A surviving divorced spouse'south benefits are usually more than, and vary between 75% and 100%, depending on the divorced spouse'due south age and whether he or she takes care of minor or disabled children. Here are the rules:
• A female parent or begetter taking intendance of a minor or disabled child will receive 75% percent of the deceased worker's PIA (primary insurance amount–the monthly inability amount).
• An ex-husband or ex-married woman betwixt age 60 and full retirement age (66 or 67) will receive 71-99% percentage of the deceased worker'southward PIA.
• An ex-husband or ex-wife who is 66 or 67 or older will receive 100% of the deceased worker'southward PIA.
Post Divorce Retirement Lawyer
When you demand legal help collecting social security from your ex-spouse after a divorce, telephone call Ascent Law for your complimentary consultation (801) 676-5506. We desire to aid you.
Rise Law LLC
8833 S. Redwood Road, Suite C
Due west Jordan, Utah
84088 United States
Telephone: (801) 676-5506
How Long Does It Take To Receive Your First Ssi Check After Registering /,
Source: https://www.ascentlawfirm.com/can-a-divorced-woman-collect-her-ex-husbands-social-security/
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