What is the 10 year marriage rule for Social Security?


Sharing is Caring


To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can’t collect benefits on your former spouse’s record unless your later marriage ended by annulment, divorce, or death.

Will I lose my Social Security benefits if I get married?

Generally, your benefits end if you remarry. Benefits end if you marry. For more information, call us at 1-800-772-1213 (TTY 1-800-325-0778), 8:00 am โ€“ 7:00 pm, Monday through Friday; or contact your local Social Security office.

How do divorce and remarriage affect Social Security benefits?

In general, you can’t receive survivors benefits if you remarry before the age of 60 unless the latter marriage ends, whether by death, divorce, or annulment. If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse’s record.

Can I collect my ex’s Social Security if I remarry?

If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.

Can a divorced woman collect her ex husband’s Social Security?

Social Security Benefits for Divorced Women Thus, divorced women receive Social Security benefits either as retired workers, divorced spouses, or surviving divorced spouses. They can also receive widow benefits from a prior marriage that ended in widowhood.

How long do I have to be married to get my husband’s Social Security?

What are the marriage requirements to receive Social Security spouse’s benefits? Generally, you must be married for one year before you can get spouse’s benefits. However, if you are the parent of your spouse’s child, the one-year rule does not apply.

Do I have to report to Social Security that I got married?

WHAT THINGS MUST YOU REPORT TO SOCIAL SECURITY? Change of address. Change in living arrangements. Change in earned and unearned income, including a change in wages or net earnings from self-employment, including your spouse’s income if you are married and living together, and parents’ income if applying for a child.

What is the marriage penalty for Social Security?

I frequently hear from readers who ask me about an alleged marriage penalty associated with Social Security. Or they say they heard there is a maximum amount that can be paid to members of a married couple. These rumors are untrue.

What happens if you don’t report marriage to Social Security?

If you fail to report changes in a timely way, or if you intentionally make a false statement, we may stop your SSI, disability, and retirement benefits. We may also impose a sanction against your payments. The first sanction is a loss of payments for six months. Subsequent sanctions are for 12 and 24 months.

What is the Social Security loophole?

What’s the loophole? It’s the rule that allows 66-year-old retirees to collect spousal benefits on a husband’s or wife’s Social Security record while letting their own benefit continue to grow until age 70, at which point they get a 32 percent bonus added to their monthly retirement checks.

Do I have to report my divorce to Social Security?

What Special Paperwork Do You Have to File With the SSA for Social Security After Divorce? You don’t have to file any special paperwork with the Social Security Administration in order to collect benefits on your spouse’s work record. You can apply for benefits online here.

How does Social Security verify marriage?

You prove a ceremonial marriage by providing: A certified copy of the public record of the marriage; A certified copy of the religious record of the marriage; or. The original marriage certificate.

How do I claim my divorced spouse’s Social Security?

Form SSA-2 | Information You Need to Apply for Spouse’s or Divorced Spouse’s Benefits. You can apply: Online, if you are within 3 months of age 62 or older, or. By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.

Can ex wife claim my pension years after divorce?

The Legalese Behind a Pension in a Divorce In order to gain access to a percentage of your pension, your spouse would have to specifically ask for their share at the time of the divorce โ€“ not at the time of your retirement. This is done via a court order called a qualified domestic relations order (QDRO).

Is there really a $16728 Social Security bonus?

You can receive as much as a $16,728 bonus or more every year. A particular formula will determine the money you’ll receive in your retirement process. You must know the hacks for generating higher future payments.

Do you have to be married 10 consecutive years to collect Social Security?

The following requirements also apply to your divorced spouse if your ex-spouse’s eligibility for benefits is based on your work. If you’re divorced, you can receive benefits based on your ex-spouse’s work if: โ€ข Your marriage lasted 10 years or longer. You’re unmarried. You’re age 62 or older.

Is an ex wife considered a surviving spouse?

If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more. Benefits paid to you as a surviving divorced spouse won’t affect the benefit amount for other survivors getting benefits on the worker’s record.

Is a divorced woman still Mrs?

After a divorce, a woman might keep her married name. If this is the case, then you can either use “Mrs.” or “Ms.” to address the guest and use her first name. If she is using her maiden name, then use “Ms.” along with her first name and maiden name. Again, it’s best to find out what she prefers to go by.

What percent of Social Security does a divorced spouse get?

You could receive up to 50% of the amount your living ex-spouse would collect at “full retirement age.” That marker is determined by birth year and varies from age 65 to age 67. The age you start benefits factors into the amount you receive.

What is the maximum Social Security benefit for a married couple in 2022?

The monthly maximum Federal amounts for 2022 are $841 for an eligible individual, $1,261 for an eligible individual with an eligible spouse, and $421 for an essential person.

Do married couples get 2 Social Security checks?

In most cases, married senior couples have two Social Security checks coming into the household. Each partner gets their own check. But when one person dies, his or her payments cease. This can lead to a big reduction in total household income.

How long do you have to change your name after getting married?

The good news is that there is no time limit to changing names after marriage. While most brides make the transition to their new name within 2-3 months of their wedding, some brides may take years. If you decide to take your spouse’s name in place of your own surname the process is very straightforward.

How long do you have to be married to receive spouse’s pension?

Qualifying spouse beneficiaries must be married to the retiring spouse for at least one continuous year prior to applying for benefits, with certain exceptions. Yes, up to 50 percent of spouse’s PIA if spouse is still living.

What happens if I get married while on SSI?

The treatment of marriage is a frequent consideration in the discussion of government benefit policies. In the Supplemental Security Income ( SSI ) program, for example, two recipients married to each other receive a benefit that is one-quarter less than if they simply lived together but not as husband and wife.

How much money can you have in the bank on Social Security?

WHAT IS THE RESOURCE LIMIT? The limit for countable resources is $2,000 for an individual and $3,000 for a couple.

Craving More Content?

Maine Divorce Law Blog