Confused about ex-spouse Social Security benefits when remarried - will it affect my current husband?
I've been trying to understand how Social Security works with divorce and remarriage but getting really confused. My ex and I were married for 9 years before divorcing in 1999. I remarried about 5 years later. Now I'm hearing that ex-spouses can collect some benefits based on the other person's record? I'm concerned - can my ex collect money to supplement his Social Security based on MY record? And what about my current husband - can he also collect on my record somehow? Under what circumstances would either of these happen? I'm worried about how this might affect my benefits or my current husband's. Does anyone understand how this all works?
16 comments
Aisha Khan
Your ex-spouse CANNOT collect on your record because you were married less than 10 years. The minimum marriage duration requirement for ex-spouse benefits is exactly 10 years. So you're safe from that scenario entirely. As for your current husband, yes, he might be eligible for spousal benefits on your record when you both reach retirement age, but only if your benefit amount is significantly higher than his own. This wouldn't reduce your benefit amount at all - spousal benefits don't affect the primary earner's payments in any way. If your current husband's own Social Security retirement benefit would be higher than 50% of yours, he would just receive his own benefit, not a spousal benefit on your record.
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Mateo Hernandez
•Thank you! I didn't realize it had to be 10 years minimum. We were just shy of that, so I guess that's one less thing to worry about. Is there anything special my current husband would need to do to claim on my record when the time comes? Or does SSA automatically figure out which benefit is better?
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Ethan Taylor
Yep! Ur ex can't claim NOTHIN from u since it was less than 10 yrs. My sister went thru the same thing but she was 1 month short of 10 yrs lol... Talk about bad timing!! Anyway don't worry about ur ex!
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Yuki Ito
•Wow one month short? That's gotta hurt! I bet she was mad about that timing.
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Carmen Lopez
To add some important details to what others have said: 1. For ex-spouse benefits, the 10-year marriage duration is absolutely required. Since you were married for 9 years, your ex cannot collect on your record regardless of any other factors. 2. Your current husband may eventually qualify for spousal benefits on your record, but only if: - You are currently receiving retirement or disability benefits - He is at least 62 years old - His own benefit amount would be less than 50% of your full retirement age benefit 3. If your current husband claims spousal benefits, this has ZERO impact on your benefit amount. The spousal benefit is additional and doesn't reduce the primary worker's benefit. 4. The SSA will automatically calculate whether your husband would get more from his own record or from spousal benefits, and will pay whichever is higher. Hope this helps clarify things!
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Mateo Hernandez
•This is really helpful, thank you! One more question - does my current husband have to wait until I start collecting before he can claim spousal benefits? He's actually 5 years older than me, so he'll reach retirement age before I do.
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Carmen Lopez
Yes, that's correct - your current husband would need to wait until you file for your own benefits before he could collect spousal benefits. Since he's 5 years older, he might want to claim his own benefits at his FRA (or earlier), and then when you file for your benefits, the SSA will automatically adjust his payment if the spousal benefit would be higher. The only exception to this rule applies to ex-spouses (who were married 10+ years), who can claim on their ex's record if the ex is eligible for benefits (even if not yet claiming) and they've been divorced for at least 2 years. But that doesn't apply to current spouses.
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Mateo Hernandez
•Thank you! I really appreciate the clear explanation. The Social Security rules are so much more complicated than I realized.
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AstroAdventurer
Don't worry! Your 9yr marriage means ex can't touch your SS. I thought the same thing but my brothers ex tried after 8yrs and she couldn't get a penny from him. The SSA told her she needed 10 full years to qualify for ex-spouse benefits!!!
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Andre Dupont
I've been dealing with something similar and it's SO frustrating trying to get answers from SSA!!! I spent THREE DAYS calling the 800 number and either got disconnected or was on hold for hours. NOBODY PICKS UP!!! How are we supposed to get answers to these complicated questions?!? This system is BROKEN!
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Zoe Papanikolaou
•I was in the same boat last month trying to sort out some benefit questions. After getting nowhere with the 800 number, I tried using Claimyr (claimyr.com) and it actually worked. They connected me to an SSA agent in about 20 minutes instead of me waiting on hold for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent I spoke with confirmed that for ex-spouse benefits, it's a hard cutoff at 10 years of marriage - not even 9 years and 11 months would qualify. So at least the original poster doesn't have to worry about that!
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Mateo Hernandez
Thank you all for your responses! I'm so relieved to learn that the 9-year marriage means my ex can't claim on my record. And it's also good to know that if my current husband claims on my record someday, it won't reduce my benefits at all. That was my biggest worry. I'll look into that Claimyr service too - I've been avoiding calling SSA because I've heard how difficult it is to get through.
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Yuki Ito
My aunt thought the same thing and was worried for years! Turns out she didn't need to worry at all. The 10-year rule is absolute. But did you know you could potentially claim on your ex's record if you wanted to? Since you remarried though that option is gone.
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Aisha Khan
•That's not quite right. She couldn't claim on her ex's record regardless because they were married less than 10 years (she said 9 years). The 10-year rule applies both ways. And yes, remarriage generally ends eligibility for ex-spouse benefits (with certain exceptions if the later marriage ends).
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Ethan Taylor
Has anyone else noticed they keep changing these rules every few years?? My mom got benefits from her ex husband but they were only married 8 years I think... but that was back in the 90s so maybe rules were different then???
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Carmen Lopez
•The 10-year duration requirement for ex-spouse benefits has actually been in place since 1977, so your mom may be mistaken about either the length of the marriage or the type of benefit she received. Perhaps she received survivor benefits after he passed away, which follow different rules, or she may have received benefits based on her own record.
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