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SS and the divorced female. I am one. (Original Post) babylonsister Jan 2015 OP
If you were the first wife and the marriage was longer than 15 years...you are entitled to half VanillaRhapsody Jan 2015 #1
I was the second wife, did not re-marry, was married for over 15 years and did receive benefits...nt monmouth4 Jan 2015 #12
Be careful H2O Man Jan 2015 #2
Ha! Call me, please! <3 nt babylonsister Jan 2015 #6
This may be what you're asking about. herding cats Jan 2015 #3
except if you agree in your divorce that would not be so. hollysmom Jan 2015 #7
A couple of things. 1) you getting SS benefits on your ex spouse's work record does not kelly1mm Jan 2015 #8
never knew that, thanks hollysmom Jan 2015 #9
Check to be sure, but... JayhawkSD Jan 2015 #10
Thanks, that babylonsister Jan 2015 #14
This is what I'm planning to do. ladyVet Jan 2015 #16
I don't think it's limited to females. PeaceNikki Jan 2015 #4
SS likes to take away/reduce/steal benefits any chance it get so watch out nt msongs Jan 2015 #5
This message was self-deleted by its author Skittles Jan 2015 #11
Surviving spouses Uben Jan 2015 #13
I have babylonsister Jan 2015 #15
She might be able to draw SSI..... Uben Jan 2015 #17
 

VanillaRhapsody

(21,115 posts)
1. If you were the first wife and the marriage was longer than 15 years...you are entitled to half
Thu Jan 15, 2015, 12:33 AM
Jan 2015

of the amount your husband will receive...

herding cats

(19,559 posts)
3. This may be what you're asking about.
Thu Jan 15, 2015, 12:34 AM
Jan 2015

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

You are unmarried;
You are age 62 or older;
Your ex-spouse is entitled to Social Security retirement or disability benefits and

The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.

http://www.ssa.gov/retire2/divspouse.htm

I hope this was helpful.

hollysmom

(5,946 posts)
7. except if you agree in your divorce that would not be so.
Thu Jan 15, 2015, 12:55 AM
Jan 2015

We gave up the rights to each other's pensions - I did it to get over 50% of the assets - I always worked most of my marriage my husband was off in school, drinking or trying to start his own company or starting from the bottom. I just worked a straight line up and up. When he finally got a good paying job, and completed his education that I paid for and yadda yadda yadda - we got divorced, he remarried and had kids - he knew he ws going to do this, and I had diagnosed Mono (really bad doctor my husband found for me, I was sick, only after th divorce did I get better to find a doctor who finally helped me), they did not know if I would be able to work again, he did not want to owe me, so I got 2/3 assest - which was OK but I was in a 50-50 state so that even earning 3/4 of the money in our marriage didn't help me.
Like I said I always worked, I always paid over the cap - it was quite low when I was a clerk, haha. My lawyer wanted me go 50-50 and get retirement money. Pfft. When I recovered I had a profitable career. I am so glad not to share my better retirement money.

kelly1mm

(4,732 posts)
8. A couple of things. 1) you getting SS benefits on your ex spouse's work record does not
Thu Jan 15, 2015, 01:21 AM
Jan 2015

reduce that spouse's benefit. You get 1/2 of their amount. They still get their entire amount.

2) you get the spousal benefit OR you own benefit, not both.

3) if you maxed out SS and had your own earnings for 35 years it would be almost impossible for your benefit based on your work to be less than what you would get as a spousal benefit.

4) in most states (I would say all, but just to be careful) a pension waiver in a marital separation agreement does not effect you ability to get SS spousal benefits (see point #1 as to why)

hollysmom

(5,946 posts)
9. never knew that, thanks
Thu Jan 15, 2015, 01:31 AM
Jan 2015

we divorced years ago, but I don't think it would affect me, but I will talk to my accountant (heh sister) about that.

 

JayhawkSD

(3,163 posts)
10. Check to be sure, but...
Thu Jan 15, 2015, 02:10 AM
Jan 2015

I am pretty sure that "We gave up the rights to each other's pensions" would apply to private pensions only and would not affect Social Security rights in the least.

babylonsister

(171,056 posts)
14. Thanks, that
Thu Jan 15, 2015, 10:18 AM
Jan 2015

was helpful, and thanks for the link. I have a few years until I have to do anything about it, but it's good to know.
I need to research why getting married changes everything (not that I am); doesn't negate all the prior years I was married to him.

I'll check it out.

ladyVet

(1,587 posts)
16. This is what I'm planning to do.
Thu Jan 15, 2015, 10:32 AM
Jan 2015

He has remarried (twice!), but I have not, and as he was working during the years that I wasn't because he wanted me home with the kids, and I got no child support after our divorce, among other reasons, I figure he owes me. I gave up a good career in the USAF because he threatened to take my children and hide, too.

One of my aunts was told about this, and was able to get a significant increase in her SS, enough to raise her standard of living to a decent level. Her ex-husband was dead by this time, but she still got more money.

PeaceNikki

(27,985 posts)
4. I don't think it's limited to females.
Thu Jan 15, 2015, 12:37 AM
Jan 2015

Which makes me very glad I got out at 9 years because that asshole doesn't deserve a dime and never paid a dime in support.

Response to babylonsister (Original post)

Uben

(7,719 posts)
13. Surviving spouses
Thu Jan 15, 2015, 08:28 AM
Jan 2015

When I called to report my wife's death to the SS office, they told me I was eligible for surviving spousal benefits if I was age 60 or older. She didn't work for an employer a whole lot in her life so the benefit isn't much, $554/mo. But it was an unexpected windfall.
Of course, you can't be working and receive this....I'm retired. By drawing on her account now, when I turn 66, I can still get my full benefit, which is 3 times more. I was shocked because I wasn't expecting anything. Starts next month! I'm gonna use the monies to upgrade my health insurance from a worthless HMO that no one takes to a good PPO plan.

babylonsister

(171,056 posts)
15. I have
Thu Jan 15, 2015, 10:22 AM
Jan 2015

a friend who expects to get SS benefits from her former husband who has since died; I didn't know and don't think she knows she has to quit working in order to receive those bennies.

I'm sorry about your wife, Uben. Sounds like she left you the gift of health.

Uben

(7,719 posts)
17. She might be able to draw SSI.....
Thu Jan 15, 2015, 04:30 PM
Jan 2015

....I don't know all the qualifying programs they have. In my case, I was already retired, and the gal at SS asked if I was working.

I have always been healthy...don't know why, just good genes I guess. My wife passed three years ago and she left me so much I almost feel guilty. She couldn't have kids, but she did do a wonderful job of helping to raise my youngest daughter since age 3 (now 22). She was a marriage and family counselor, and consequently, developed a very close relationship with my first wife. They would talk on the phone for hours about raising the kids. I was a very lucky man to have had her in my life.

Tell your friend to call SS and inquire about the programs she might be eligible for.

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