Many women (but the gender roles can be reversed) who have been long divorced assume they are ineligible to draw Social Security off a former spouse if he has remarried. It makes sense that his new wife is the one able to draw spousal benefits. Many women never investigate their rights any further.
Social Security will not reach out to you and let you know that you can collect on your former spouse if you meet the criteria. You must do your own research. Luckily Google makes that easy.
First, your marriage must have lasted for 10 full consecutive years. If you divorced at nine years and 11 months, you don’t qualify.
Next, you must be currently single. You may have married and divorced after your first marriage, but as long as you are single now, you qualify. Are you living with someone and have a child with them? Still single. Check the date the judge signed your divorce decree. If you can’t find your divorce decree, you’ll have to go to the courthouse where you filed to get a copy. You’ll need this to file with Social Security.
If you meet the above two qualifications, you can choose when to start drawing your spousal benefits. You may have heard you can get 50 percent of the amount your former spouse draws. Most people won’t get 50 percent because they choose to draw benefits early. To get the full 50 percent, you must wait to draw until you reach your full retirement age. You might want to draw as early as age 62, but your amount will be around 30 percent. Many people think, “Well it’s reduced at 62, but once I reach 67 it will increase.” In fact, once you draw any Social Security benefit, you lock in that rate permanently. It will only increase if there is a cost of living increase each January. (Many years there is none.)
If you do want to draw off your ex-spouse, he must have out-earned you. If you two made about the same income, you’ll only draw your own retirement. No, you can’t get part of yours and part of his. You’ll only draw one benefit, whichever is higher.
Now that you’ve met all the above requirements, that last hurdle is the Social Security earned income limit. If you choose to draw a spousal benefit before your full retirement age, you can only earn about $21,000 in 2023. The amount goes up slightly each year. If you have a part-time job and earn over this limit, for every $2 you exceed it, your Social Security will be reduced by $1. Earn $31,000 and think it’s not a big deal? The following year, your benefit will be reduced by $5,000. Ouch! This is not a true penalty. If you live long enough you’ll be able to get that money back, but aim to earn around the annual earnings limit if you want to draw benefits early.
What if you meet all the requirements above, but your hurdle is emotional? “I don’t want to hurt his new wife; my kids really love her” or “I’m on good terms with my ex and don’t want to upset him.” Again, this is based on faulty information. Drawing off your former spouse in no way impacts what he can draw. It doesn’t hurt him. He isn’t informed that you are drawing (but he can call SSA to find out). His new spouse isn’t impacted either. Several ex-spouses can collect off the same man.
Let that sink in and you’ll realize why the Social Security trust fund is in trouble.
You may have been married to two men and each marriage lasted 10 years or more. As long as you are single now, you can choose to draw off of whichever is the higher earner. If you are unsure who that is, you’ll have to make an appointment with your local field office. Provide them with a certified copy of your marriage licenses and divorce decrees and SSA will tell you from whom to draw.
Sylvia Gordon is co-founder of The Medicare Family, headquartered in Noblesville, where she educates thousands on Medicare and Social Security in all 50 states. You can learn more at TheMedicareFamily.com.
I’m divorced more than 10 yrs. SS said I was not qualified. Because I make more than him. To me I don’t matter how much I make. He still needs to pay.
What I want to know is “can I draw off of my deceased boyfriends ss of 14yrs?
Quote this law, “your marriage must have lasted for 10 full consecutive years. If you divorced at nine years and 11 months, you don’t qualify.” is a shame. Who decided the ten year limit? Back in the 90’s a Congresswoman tried to lower it to five years. A lot of women could have used their ex-spouse’s income to survive – not every woman who raised children in the home had a job or career to support herself and the children, they were wives and homemakers and Indiana eliminated alimony.
Why is it that I was drawing Back time child suppose. He dies and it’s cut off just like that which I don’t think is fail aman that owes over $50.000 the money is still there taking out through Social Security and just stop I think that I should have continue to have drawing it until what is owed be paid to me
Women not understanding about spousal or survivor benefits has been a major problem with Social Security’s not meeting the needs of many elderly women. Another way that women lose out is if they have worked as a teacher in 15 states or as a clerk, a librarian, a police officer or in many other positions of public service in half our states. The Government Pension Offset law currently affects more than 600,000 retired public worker women who have even part of a public pension, and it usually eliminates all their earned spousal or survivor benefits. For those who understand this law, it is a major deterrent to their becoming the teachers this country needs.