Social Question

Dutchess_III's avatar

Did you know this about the SSA?

Asked by Dutchess_III (46813points) March 21st, 2022

If you were born before 1954 and if you were married to your spouse for 10 years, and they die, you can draw both your SS AND theirs?
Then they changed it. If you were born after 1954 and your spouse dies you have to choose between yours or theirs, which ever is greatest.

I wonder, if my ex died, can I draw his SS in place of mine?

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16 Answers

smudges's avatar

That is true. Also, if you’re divorced and were married at least 10 years (or maybe it’s 15), when your ex begins collecting SS, you can also collect ½ of their benefits without it affecting them.

If you’re getting Social Security retirement benefits, some members of your family may also qualify to receive benefits on your record. If they qualify, your ex-spouse, spouse, or child may receive a monthly payment of up to one-half of your retirement benefit amount. These Social Security payments to family members will not decrease the amount of your retirement benefit.

https://www.ssa.gov/benefits/retirement/planner/applying7.html

Brian1946's avatar

@Dutchess_III

”... if my ex died, can I draw his SS in place of mine?”

My guess is that if you’ve remarried, and your spouse is still alive, then you would still draw your own SS.
If your current spouse dies, then you can draw his, not your ex’s.

If your ex remarries, then his current spouse would be the beneficiary

Dutchess_III's avatar

My mom drew my dad’s SS although they’d been divorced for 30 years. His current wife also got his SS.
My mom never remarried.

janbb's avatar

The laws are fairly complex and have changed, as you say Dutch. I was able to start collecting half of my divorced husband’s SS for four years and leave mine in to grow to full until I was 70. And yes, he was remarried. I don’t know what spousal benefits you can get from an Ex who has died since mine hasn’t.

The best thing to do if you have questions is to go to SSA.gov and read up on them or schedule a call with an employee of the SSA. When I was making my decisions, I found them extremely helpful and looking out for your best interests.

Dutchess_III's avatar

I’ll just give them a call tomorrow.

Dutchess_III's avatar

It took me ALL DAY to get ahold of someone today!

janbb's avatar

@Dutchess_III It will take you time. When I called the last time, they scheduled an appointment for a call back. They are working hard under limiting conditions. Be patient. (Or you can wait until he dies and check what the laws are then.) Or you can go online and see what you can make of the laws yourself.

janbb's avatar

Just did some quick research for you and this seems to be applicable. Since you are remarried, it doesn’t seem that you could claim on his, dead or alive;

https://blog.ssa.gov/ex-spouse-benefits-and-how-they-affect-you/

Brian1946's avatar

I think part of the reason for the long wait times are GQP funding cuts to the SSA, which have resulted in staffing shortages.

Apparently minimizing the taxes that billionaires pay, is more important to them than people struggling to survive.

Dutchess_III's avatar

Seems like government entities always have sub standard customer service.

Jeruba's avatar

After my husband died, I notified SS and they said I could have my husband’s benefits. I said I would prefer to keep my own. His monthly amount was $4 more than mine, and I didn’t want the lousy four dollars. I worked many years more than he did, but he was paid more, so it felt kind of insulting. They changed it anyway and gave me his amount. At this point I guess I don’t care.

My mother got the benefit of the older system. She was married to my father for 28 years, and then they divorced and she remarried. When he died, she claimed his SS and got it. At least, that’s what I recall. This was all many years ago.

YARNLADY's avatar

@Dutchess_III True, and many corporate businesses as well, like Verizon. ATT, PGE, Xfinity, and so on.

elbanditoroso's avatar

On the other hand, if you murder your ex… you don’t get a thing.

SnipSnip's avatar

That is not exactly true. There is a good pamphlet you can order from the SS website that covers this.

Forever_Free's avatar

I knew this but as it does not apply to me, I filed it away in the bit bucket. As other have said, call or go on the ssa.gov website.

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