Ex spouse social security rules

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 Posted on June five, 2015 by way of Gabriel Cheong

GUEST BLOGGER: Deborah Smith – Debbie is the choices resident divorce creator for Total Attorneys (www.totaldivorce.com) and you could read her blog at www.totaldivorce.com/blog/debbiedivorce/

Social Security blessings offer an earnings for retired or disabled humans and their dependents. If a partner dies, the surviving dependent spouse is usually entitled to the choices blessings.

In a few cases, a former partner might also nevertheless collect some Social Security benefits of an ex-spouse. Generally, retirement accounts are a part of the choices marital agreement discussion, but Social Security generally isn’t.

Upon reaching full retirement age, a divorced partner may get hold of as much as half of in their ex-spouse’s Social Security advantage quantity. In order to be eligible the marriage need to have lasted for 10 or greater years, the structured partner need to now not have remarried and ought to not be entitled to their own blessings that exceed half of of the former spouse’s complete advantage quantity.

To acquire an ex-spouse’s advantages, the choices ex-spouse need to be eligible to get hold of their personal benefits. If all necessities are met, the ex-based partner may practice for the advantages, even if the choices spouse is deceased or has not yet applied.

If the choices ex-spouse isn’t always already receiving their personal Social Security blessings, they’re required to wait years after the choices divorce is very last to apply for the choices spouse’s. If they’re receiving their own, the two-12 months waiting period doesn’t apply.

Receiving Social Security Benefits of a Deceased Ex-Spouse

When an ex-spouse is deceased, the choices ex-established spouse can be able to acquire Social Security benefits at 60 years vintage, and 50 years old if disabled. The ex-structured spouse can be entitled to receive one hundred percent of the quantity if the choices deceased turned into fully insured at the choices time of loss of life.

In some instances, an ex-partner can be eligible to obtain the benefits, even though the marriage was shorter than 10 years. Exceptions are occasionally made if the choices divorced established ex-spouse is being concerned for a kid of the choices deceased who is under sixteen years of age or disabled. To qualify to get hold of the blessings, the choices ex-structured spouse should no longer have remarried and now not be entitled to the same or better quantity of advantages in their personal. The will be eligible so long as the kid is beneath 16 or disabled.

There isn’t any restrict on how many ex-based spouses might also receive Social Security advantages from a deceased ex-spouse. The fee is not reduced consistent with the choices range of ex-dependent spouses who collect blessings.

Applying for Social Security Benefits

Eligible ex-based spouses do not mechanically start receiving Social Security. They have to file an application with the choices Social Security Administration. This may be carried out in-character at a nearby SSA office, at www.ssa.gov or through calling 800-772-1213.

After applying, the spouse will be required to provide an authentic delivery certificates, Social Security card, marriage license and divorce decree to the choices SSA. If the choices ex-spouse is deceased, a copy of the choices loss of life certificates must also be furnished.

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