RECIEVE EX S BENEFITS

[teecee123]

I WAS MARRIED 20 YEARS I AM 46 I NOW RECIEVE SS BEINEFITS. AT WHAT AGE CAN I RECIEVE HIS SS BENEFITS. I BELIEVE HIS PAYMENTS WOULD BE MORE
THANKS

[MSer102]

Its kind of tricky so you should probably call Social Security and ask them. I learned some things when I was helping some relatives with their SS.

When you said your getting SS benefits at 46 I'm thinking that your getting SSDI for disability. Lots of times benefits from a husband's retirement account might be higher because men tend to make more money than women but that isn't always true. You have to remember that a spouse's benefit is usually only half of what the retired person's benefit is so it might not be higher than what your getting from your own account.

If your husband or ex husband is still alive you can start getting the spouse's benefit when you yourself reach retirement age. For you that's early retirement age at 62 for a lower benefit or full retirement age at 67 for a higher benefit. If your husband or ex husband has died then you qualify to start getting some amount of the spouse's benefit at age 50 because your disabled.

Its different if your caring for a child so SS would have to figure that out for you. And its different if your husband or ex husband is disabled himself or becomes disabled. See what I mean about tricky? And maybe you can see why my relatives needed help in getting it all figured out. LOL! So you really have to have SS figure it all out for you to see when or even if getting benefits from your husband's account would be more than your own SSDI.

[MSW1963]

You may be eligible as a dependent spouse under your ex's SS benefits, but only after ex has either SS retired or becomes SS disabled.

Do you receive any spousal support from your ex now? I'm not sure, but that could be a factor in your eligibility for SS benefits as a dependent of your ex.

If you are receiving support from the ex earnings now, and that support is lost due to ex's SS retirement or SS disability, your loss of spousal support income would be compensated for as ex's SS eligible dependent. If there are circumstances that prevented you from collecting spousal support you are otherwise entitled to or were awarded, I believe you would be SS eligible as a dependent as ex spouse when your ex becomes SS benefits eligible.

I believe eligible dependents receive 50% of the SS receipient's benefit amount. For example, if ex's monthly SS benefit is $1500 x 50% = $750 = monthly dependent benefit amount. SS benefits are income based, so ex's income will determine ex's SS benefit amount and your 50% as eligible dependent.

I don't know what the SS regulations are if there is 1 former spouse (or more?) and a current spouse under the ex's SS benefits. I'm curious.

[MSer102]

What I remember reading about divorced spouses is that they still qualify for SS benefits even if their ex has remarried and the ex's current spouse's benefits aren't affected by the former spouse's benefits.

But I don't remember reading anything about a divorced spouse being considered a "dependent" of their ex because they get alimony or qualifying for early or extra benefits to replace alimony. The SS rules don't seem to consider loss of alimony.

The IRS doesn't appear to consider a divorced spouse receiving alimony to be a dependent either. There might be other rules or laws about how much money a divorced spouse can get in alimony or support from an ex who's getting SS benefits but from everything I learned while helping my relatives with their SS claims SS itself doesn't calculate or pay benefits based on a divorce agreement.

The SS rules say that after an ex dies the surviving divorced spouse isn't eligible to get benefits from the ex's account until they reach their own early or full retirement age not that they become eligible when they lose their alimony. The exception is that the surviving divorced spouse is eligible starting at age 50 if they're disabled. That looks like it means early reduced benefits at 50 and full benefits at 60. Divorced spouses aren't mentioned as dependents in the rules about survivor's benefits so it looks like the divorced spouse is a SS beneficiary but not a dependent.

And the rules for a divorced spouse when the ex becomes disabled are the same. No early or early benefits.

As a beneficiary (and not a dependent ) the divorced spouse is eligible for 50% if the ex's benefit at their own full retirement age. If the divorced spouse takes early retirement the benefit can be as low as 25% of the ex's benefit. (SS has charts for all of this of course. ) That might be lower than what the divorced spouse is already getting from their own retirement or SSDI. There's lots of calculating to do so the SS office really has to be the one to figure it all out.

So teecee to keep it simple for your question since your disabled you become eligible on your ex husband's SS account when your 50. BUT between 50 and 60 you would be basically applying under early retirement so the amount you qualify for might be less than your getting on your own. The SS office can do the calculations and tell you if and when you would qualify for a benefit that's higher than your own. The good new is that your ex husband doesn't have to be retired for you to be eligible because your benefits are based on your own age.

[MSW1963]

MSer102, sounds like I couldn't have been more wrong! I'm keeping my big mouth shut and my little keyboard quiet.

teecee123, very sorry about the confusing information I posted.

[palmtree]

Rich, I was always under the impression that if I claim half of my husband's then he only gets half.? Is that right? We have always worked together on these kinds of things. It would be better for him to share part of his portion that be without anything to live on.

[MSer102]

I was always under the impression that if I claim half of my husband's then he only gets half.? Is that right?

That's not right. The Social Security website says:
"Benefits paid to your spouse will not decrease your retirement benefit. In fact, the value of the benefits he or she may receive, added to your own, may help you decide if taking your benefits sooner may be more advantageous."

It also says:
"If you have a divorced spouse who also qualifies for benefits, he or she will not affect the amount of benefits you or your family may receive."

Benefits paid to spouses, ex-spouses and children do not decrease the main account owner's benefit payments. So at retirement age you can claim spouse's benefits and your husband will still get the full amount of his benefits.

[Willow63]

...

The SS rules say that after an ex dies the surviving divorced spouse isn't eligible to get benefits from the ex's account until they reach their own early or full retirement age not that they become eligible when they lose their alimony. The exception is that the surviving divorced spouse is eligible starting at age 50 if they're disabled. That looks like it means early reduced benefits at 50 and full benefits at 60. Divorced spouses aren't mentioned as dependents in the rules about survivor's benefits so it looks like the divorced spouse is a SS beneficiary but not a dependent.

And the rules for a divorced spouse when the ex becomes disabled are the same. No early or early benefits.

As a beneficiary (and not a dependent ) the divorced spouse is eligible for 50% if the ex's benefit at their own full retirement age. If the divorced spouse takes early retirement the benefit can be as low as 25% of the ex's benefit. (SS has charts for all of this of course. ) That might be lower than what the divorced spouse is already getting from their own retirement or SSDI. There's lots of calculating to do so the SS office really has to be the one to figure it all out.

So teecee to keep it simple for your question since your disabled you become eligible on your ex husband's SS account when your 50. BUT between 50 and 60 you would be basically applying under early retirement so the amount you qualify for might be less than your getting on your own. The SS office can do the calculations and tell you if and when you would qualify for a benefit that's higher than your own. The good new is that your ex husband doesn't have to be retired for you to be eligible because your benefits are based on your own age.

SS is so confusing. Can you tell me if the ex needs to be deceased to collect at age 50 or 60 if one is disabled?

Thanks for any help

[Willow63]

Can I rephrase my question from last post?

If a person is disabled, does the age of full retirement change (e.g. 50 instead of 67)?

If yes, can the person then collect "retirement" on living ex spouse's record (yes, married 10+ yrs)? Or does it have to be under "survivor benefits"?

If can collect, does person receive full retirement amount or is it discounted similar to other workers who take retirement before "full retirement" age?

Thank you very much for any help you can provide.