A spouse is one of the most common beneficiaries of Social Security benefits. Most people know they can qualify for spousal benefits based on their spouse’s work history, even if they have not worked independently. But many people get divorced and remarried during their lifetime. Some might even do this more than once.
So, how does getting divorced and remarried affect your Social Security retirement benefits? Can a second wife still get Social Security payments from her husband? Keep reading as we give you all the details about Social Security spousal benefits, including how they work and strategies for maximizing your payments.
Can A Second Wife Get Social Security From Her Husband?
A second wife can get Social Security benefits based on her husband’s earnings record. Even if the husband’s ex-spouse is receiving benefits, this also does not prevent the current spouse from receiving benefits.
Eligibility Requirements
So, when can a spouse claim spousal benefits? To qualify, the second wife must meet all the eligibility requirements for spousal benefits. This means the marriage must have lasted at least one year, and the husband must already receive Social Security retirement benefits. In addition, the second wife must be at least 62 years old. The age limit does not apply if the second wife cares for a child under 16 or a disabled child.
For Social Security retirement benefits, these rules apply to a spouse regardless of how many ex-spouses the primary earner has. For instance, a third or fourth wife could receive Social Security from her husband if she meets the abovementioned rules. The wife also does not need to have a work history. If the husband is receiving benefits, the marriage has lasted at least one year, and the wife is 62 or older, then she can receive benefits.
Spousal Benefit Amount
A spouse’s benefits are typically 50% of the primary beneficiaries stated insurance amount. If the spousal benefits are started before full retirement age (FRA), then they will be reduced. If a spouse is already receiving these benefits and the primary earner passes away, then the spouse can switch to survivor benefits. The amount of these benefits is 100% of the primary insurance amount of the deceased spouse.
KEY TAKEAWAYS
- A second wife can qualify for spousal benefits if the couple has been married for at least 1 year and must be 62 or older; if younger than 62, they must have a dependant child under 16 or a disabled child.
- A divorcee receiving spousal benefits based on a former spouse’s record will lose their benefits if they get remarried.
- Even if your ex-spouse has a new spouse currently receiving spousal benefits, it will not affect your ability to claim them based on your ex’s earnings.
How A Second Marriage Affects Your Social Security Benefits
How remarriage affects your benefits depends on whether you are receiving benefits from your work record or the work history of your former spouse. If your benefit amount is calculated on your earnings record, a second marriage will not affect your benefit payments. Your monthly payments will not change when you remarry because you receive your benefits. Similarly, your benefits are not affected by a spouse or ex-spouse receiving benefits based on your record.
Stopping of Benefits
However, if you are receiving spousal benefits based on your former spouse’s record, then getting remarried could cause the Social Security Administration to put a stop to your benefits. If your former spouse is still living, then getting remarried will put an end to any spousal benefits that you are collecting.
There is an exception to this rule for survivor benefits, though. If your former spouse is deceased and you are collecting survivor benefits, then you can get remarried as long as you are 60 or older. In that case, your survivor benefits will not be affected. If the surviving spouse is younger than 60 when she remarries, she will no longer qualify for Social Security survivor benefits.
Must read articles related to Social Security
- Three easy steps to apply for Social Security benefits.
- Eight ways to maximize your Social Security benefits.
- Best Social Security strategies for married couples.
- What are the Social Security payment schedule dates?
- How did the Social Security program get started?
Social Security Eligibility For Divorced Spouses
So, how can an ex-wife or ex-husband qualify for benefits based on the ex-spouse’s record? There are a few simple rules that the Social Security Administration (SSA) sets forth for an ex-spouse to collect Social Security based on their ex-spouse’s benefit. These rules are as follows.
Rules for Receiving Ex-Spouse’s Benefits
- First, the marriage must have lasted at least ten years.
- Next, the ex-spouse wishing to claim spousal benefits must be at least 62.
- They must also not be remarried.
- Remember that getting remarried while your ex-spouse is still living will stop all eligibility for spousal benefits based on the ex-spouse’s Social Security benefit.
- Lastly, your ex-spouse must be eligible for Social Security retirement benefits.
Multiple Divorces
So, what happens if you are divorced more than once? You might qualify for a monthly benefit based on more than one ex-wife or ex-husband’s Social Security benefit. In that case, you would receive the highest benefit from the two.
Suppose you had two marriages that lasted ten years and met all the other qualifying requirements. In that case, you would be entitled to the highest qualifying amount. When you claim Social Security benefits, the SSA will calculate your monthly payment based on both spouses’ work records. The higher of the two will be selected as your benefit amount.
Ex-Spouse Remarries
Even if your ex-spouse has a new spouse who is currently receiving spousal benefits, this also does not affect your ability to receive spousal benefits. As long as you meet the eligibility requirements, you can still receive those benefits regardless of your ex-spouse’s marital status.
TIP
Those married multiple times may qualify for Social Security retirement benefits from all previous spouses. In this scenario, you will apply and include personal information for all spouses, and the SSA will determine which option provides the highest benefits.
Strategies For Applying For Benefits As A Divorced Spouse
When performing retirement planning, most people look for ways to maximize the monthly money they will receive. When looking at Social Security, there are strategies that you can use to make sure you are maximizing your spousal benefit. If your birthday is before January 2, 1954, you have more options than those born after that date.
Born Before January 1954
Those born before that date often employ the following strategy. Upon reaching age 62, go ahead and start spousal benefits based on your ex-wife or ex-husband’s record. Using your ex’s benefits will allow your Social Security benefit to grow. When you reach age 70, your retirement benefit will be maxed out, and you can switch over to the full benefit amount based on your earnings record.
Born After January 1954
However, this is not an option for those born after January 2, 1954. When you apply for Social Security benefits, you are effectively applying for all benefits to which you are entitled.
- This includes your benefits and spousal benefits from any ex-spouses for which you might qualify.
The Social Security Administration pays your benefits based on your record first. If your benefit is higher based on your ex-spouse’s earnings, then that amount is added to your monthly payment to raise your benefit to the highest amount.
Online Resources
You can sign up for a free My Social Security account to get an estimate of your retirement income. Many tools and calculators are available there that allow you to estimate your benefits based on several factors. If you have questions or need assistance, getting a personal finance expert’s help with retirement planning is always wise.
Spouse’s Personal Information
When you apply for benefits, you will need information about your ex-spouse. You will need the person’s Social Security number. This is the easiest way to identify your ex-spouse. If you do not have their SSN, you may use their date, place of birth, and their parents’ names. You likely will not need the divorce decree, but you should have it just in case. You will also need your own SSN, and there are a few ways that you can apply. The easiest way to apply for benefits is online. You can also apply over the phone or at your local Social Security office.
The Bottom Line
Regardless of how often you have been married, your current spouse can get Social Security if they meet the criteria for spousal benefits. An ex-spouse can also receive benefits, but the requirements are a little harder to meet.
Getting remarried will prevent an ex-spouse from receiving benefits from their ex’s record, although she can still receive a widow’s benefit in some cases even if she gets remarried.
Frequently Asked Questions
Yes, an ex-wife and current wife can collect spousal benefits based on the husband’s Social Security. For the purposes of Social Security, both a current wife and ex-wife can be considered dependents of the primary recipient.
To qualify for benefits, the current wife must be at least 62, and the marriage must have lasted at least one year. The ex-wife must not be remarried, and the marriage must have lasted at least ten years.
The primary beneficiary is the person whose work record is used to calculate the primary benefit amount. Based on the work record of the primary beneficiary, a spouse, ex-spouse, child, step-child, or even parent can qualify for dependent benefits. This applies to both retirement benefits and disability benefits.
In most cases, you must be 62 or older to collect Social Security. However, some special rules apply to spousal and survivor benefits, allowing you to collect benefits at a younger age.
For example, if a spouse cares for a child under 16 or a disabled child, then he or she can qualify for spousal benefits regardless of age. To qualify for Medicare, you typically need to be 65 or older. Again, there are notable exceptions that allow disabled individuals to qualify sooner.
You can find a Social Security Administration office near you by using our SSA office locator and searching for your closest location.
