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Can I Collect My Ex-Husband’s Social Security Benefits- Exploring Your Rights and Options

Can I Collect My Ex Husband’s Social Security?

Understanding the Social Security benefits you may be eligible to receive from your ex-husband can be a complex and important decision. Many individuals, particularly women, may be unaware of their rights to collect Social Security benefits from their former spouse. This article aims to provide a comprehensive overview of the eligibility criteria and the process involved in collecting ex-husband’s Social Security benefits.

Eligibility for Ex-Husband’s Social Security Benefits

Firstly, it is essential to understand that in order to collect Social Security benefits from your ex-husband, you must meet certain criteria. According to the Social Security Administration (SSA), you must have been married to your ex-husband for at least 10 years. Additionally, you must be currently unmarried and not entitled to a higher Social Security benefit based on your own work history.

It is also important to note that if you have remarried, you may still be eligible to collect benefits from your ex-husband if your current marriage has ended through divorce, annulment, or death. However, if you are currently married, you can only collect benefits on your ex-husband’s record if your current spouse has passed away or if you are widowed.

The Process of Collecting Ex-Husband’s Social Security Benefits

Once you have determined that you are eligible to collect benefits from your ex-husband, the next step is to initiate the application process. You can apply for benefits online, by phone, or in person at your local Social Security office. To apply, you will need to provide the following information:

  • Your Social Security number
  • Your ex-husband’s Social Security number
  • Proof of your marriage and divorce
  • Proof of your age and U.S. citizenship or lawful presence

It is important to note that you can start collecting benefits as early as age 62, but doing so may result in a reduced monthly benefit. Alternatively, you can wait until your full retirement age (FRA), which is between 66 and 67, depending on your birth year, to receive your full benefit amount.

Considerations and Limitations

While you may be eligible to collect benefits from your ex-husband, there are some limitations to consider. For instance, if your ex-husband remarries, you may still be eligible to collect benefits, but the amount you receive may be reduced if your ex-husband’s new spouse is also collecting benefits on his own record.

Additionally, if you remarry before reaching your FRA, you may no longer be eligible to collect benefits on your ex-husband’s record. However, if you remarry after reaching your FRA, you can still collect benefits on your ex-husband’s record, even if you are married to someone else.

Conclusion

Can I collect my ex-husband’s Social Security benefits? The answer is yes, under certain circumstances. Understanding the eligibility criteria and the application process is crucial in making an informed decision about your Social Security benefits. It is advisable to consult with a Social Security expert or attorney to ensure that you are making the best choice for your financial future.

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