Married Woman Wants To Claim Benefits From Ex-husband's Social Security, But Afraid It'll Blow His 'Short Fuse'

A woman ended her marriage with her wealthy husband of three decades and is exploring avenues to claim some of his Social Security benefits. In a MarketWatch post, she explained how she raised the children, supported her ex-husband's career goals, and missed decades of work that has severely impacted her Social Security benefits. While the woman remarried a few years ago with a husband who works part-time with a relatively lower salary, she doesn't plan to spend the rest of her life living "hand to mouth." As she works to determine if she is entitled to her ex-husband's Social Security benefits, the woman is concerned about how claiming benefits from her former husband can bring up past issues, given that he has a "short fuse."

Changes To Social Security Benefits After Remarriage

When you remarry, the Social Security spousal benefits you received on your ex's record halt, and you must report your new marriage to the Social Security Administration (SSA) for accurate payments. For instance, if you received Supplemental Security Income (SSI) on your former partner's record, it might change or stop altogether depending on your new partner's income levels and assets. People with limited or no income/resources who are blind, have a disability, and are aged 65 or above could be eligible for SSI benefits that help pay for basic living costs. However, factors like your living situation, household member income levels, pensions you receive, and even not paying the fair share of rent or food costs determine your final SSI check amounts. However, there are some exceptions for situations like if your next marriage ends due to divorce or death.

Unique Rules For Social Security Survivor Benefits

The eligibility requirements for receiving surviving spouse or divorced surviving spouse Social Security benefits mention that remarriage before age 50 doesn't make you eligible for survivor or disability benefits unless your current marriage ends by divorce or annulment. One can also avail of Social Security benefits as a disabled surviving divorced spouse if the person was disabled and unable to work when remarried, which should happen after age 50. Remarrying between 50 and 59 can also make one eligible for survivor benefits on the former deceased spouse's record. If the woman remarried after age 60, she would have to give up the spousal benefits from the ex-husband but can avail of survivor benefits after he has passed away, given that the marriage lasted for at least a decade. The Internal Revenue Service highlights that surviving spouses, at full retirement age or older, typically receive 100% of the worker's basic benefit amount." However, the benefit amount decreases to between 71% and 99% for claimants above 60 who have yet to reach the full retirement age. Whether the woman is eligible for Social Security benefits from her former husband ultimately depends on the age when she remarried.

The Claims Process Is Confidential

The SSA recommends you contact them at 1-800-772-1213 to determine your eligibility status for survivor or disability benefits on your former spouse's record. While the woman is worried her ex-husband won't take claims from his benefits lightly, the SSA ensures the claims are confidential and will not affect the ex's Social Security. However, she must supply details and documents, including birth certificate, marriage license, divorce decree, and income proof for a smooth claims experience.