Divorce is a complex process with far-reaching implications, even after the final papers are signed. One of the most common questions we receive from our clients is whether they are entitled to their ex-husband’s Social Security benefits if he passes away. In this blog post, we’ll explore the eligibility requirements and the factors determining whether you can receive your ex-husband’s Social Security benefits after his death.
Understanding Social Security Benefits for Ex-Spouses
The Social Security Administration (SSA) has provisions allowing ex-spouses to receive benefits based on their former spouse’s work record. This is particularly important for individuals who may have spent years out of the workforce or earned significantly less than their ex-spouse during the marriage.
To be eligible for your ex-husband’s Social Security benefits, you must meet the following criteria:
- Your marriage lasted at least ten years before the divorce was finalized.
- You are unmarried at the time you apply for benefits.
- You are at least 62 years old.
- Your ex-husband is entitled to Social Security retirement or disability benefits.
- The benefit you are entitled to receive based on your own work record is less than the benefit you would receive based on your ex-husband’s work record.
It’s important to note that if you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends (whether by death, divorce, or annulment).
Survivor Benefits for Ex-Spouses
If your ex-husband passes away, you may be eligible for survivor benefits based on his work record. The eligibility requirements for survivor benefits are similar to those for Social Security benefits, with a few key differences:
- Your marriage must have lasted at least ten years before the divorce was finalized.
- You are not entitled to benefits greater than those you would receive based on your own work record.
- If you remarry before age 60 (50 if disabled), you cannot collect survivor benefits based on your ex-husband’s work record unless the later marriage ends.
It’s worth noting that if you are caring for a child under the age of 16 or a disabled child who is receiving benefits on your ex-husband’s record, you can collect survivor benefits at any age, and your benefits will not affect the amount of the child’s benefits.
How Much Can You Receive?
The amount of Social Security benefits you can receive based on your ex-husband’s work record depends on several factors, including his average lifetime earnings and the age at which you begin collecting benefits. Generally, if you wait until your full retirement age (which varies based on your birth year), you can receive up to 50% of your ex-husband’s full benefit. It’s important to consult with the Social Security Administration or a knowledgeable divorce attorney in Atlanta to determine the specific benefits you may be entitled to receive.
Can I Receive Benefits If My Ex-Husband Remarries?
Your ex-husband’s remarriage does not affect your eligibility for Social Security benefits or survivor benefits based on his work record. You can still receive benefits even if your ex-husband remarries if you meet the eligibility requirements outlined earlier (e.g., marriage duration, age, and benefit entitlement).
However, keep in mind that if you remarry, you generally cannot collect benefits on your ex-husband’s record unless your later marriage ends (whether by death, divorce, or annulment).
What Happens If My Ex-Husband Hasn’t Applied for Benefits Yet?
If your ex-husband is eligible for Social Security benefits but hasn’t applied, you can still apply for benefits based on his work record. The Social Security Administration (SSA) will process your application and determine your eligibility independently of your ex-husband’s application status.
If your ex-husband has reached full retirement age but has yet to start receiving benefits, your claiming benefits on his record will not affect the amount he is entitled to receive when he does apply.
Can I Receive Benefits If I Am Working?
Yes, you can receive Social Security or survivor benefits based on your ex-husband’s work record, even if you are working. However, your benefits may be subject to the SSA’s earnings test if you are below your full retirement age and earn income above certain limits.
Under the earnings test, if your earnings exceed the annual limit set by the SSA, your benefits will be reduced by $1 for every $2 you earn above the limit. Once you reach your full retirement age, the earnings test no longer applies, and you can earn any amount without affecting your benefits.
It’s important to note that any reduction in your benefits due to the earnings test is temporary. The SSA will recalculate your benefit amount when you reach full retirement age to account for the withheld benefits.
Contact a Divorce Lawyer in Atlanta
Navigating the complexities of Social Security benefits and survivor benefits can be challenging, especially in the context of a divorce. It’s crucial to seek the guidance of an experienced Atlanta divorce lawyer who can help you understand your rights and ensure you receive the benefits you are entitled to.
At Hobson & Hobson, our team of Atlanta divorce attorneys is dedicated to helping our clients navigate the challenges of divorce and secure their financial future.
If you are considering divorce or have questions about your entitlement to your ex-husband’s Social Security benefits, we encourage you to contact our office to schedule a consultation. Contact us today at (770) 284-6153 or fill out our confidential contact form to schedule a consultation.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
