Social Security Benefits to an Ex Wife in USA
One of the things which makes divorce such a stressful experience is the entire gamut of torturous legalities. And yet most of the laws and legal provisions have been put in place in order to make the consequences as fair as possible to all parties concerned. One of these is the matter of social security benefits and who gets what in case of divorce. So whether you are a woman who has been divorced or a man who is confused about how much he owes to former spouse, here is what you need to know about social security benefits, especially to an ex-wife in the United States.
What is social security benefits?
Social security is one of the most important resources of economic security to women in any society. In the United States, around 60 percent of the people receiving Social Security benefits are women, according to the official website of the U.S Social Security Administration1. When women work, they pay taxes into the Social Security system, providing for their own benefits. At the same time, their husbands' earnings can give them Social Security coverage as well. Women who do not work are often covered through their husbands' work and can receive benefits when they retire, become disabled or die.
How does it work for divorced women?
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In a truly equal society, the economic security inherent in social security benefits should be available to all women irrespective of their marital status. Thus in United Status divorced women too can expect social security benefits based on an ex-husband’s work and the amount of money he has saved in his social security fund. However the official page of U.S Social Security Administration 2 lays down certain conditions according to which a woman is eligible to receive social security benefits from an ex-husband.
- The most important condition for social security benefits to be granted to an ex-wife is that the couple should have remained married for at least ten years. A woman who has been married for less than that period is not entitled to receive social security benefits from her ex-husband’s social security fund.
- Another important requirement for an ex-wife being eligible to collect social security benefits is that benefit she is entitled to receive based on her own work should be less than the benefits she would receive on her former husband’s work.
Other eligibility details would vary according to whether the woman’s ex-husband is living or deceased. In case her husband is still alive,
- A woman would have to be at least 62 years of age to be able to collect social security benefits based on her ex-husband’s work.
- She has to be unmarried.
- Her ex-husband is entitled to Social Security retirement or disability benefits. If he has not applied for benefits, but can qualify for them and is age 62 or older, she can receive benefits on his work if she has been divorced from him for at least two years.
In case a man is deceased, his ex-wife can still claim social security benefit based on upon his work. For this she would have to be
- At least 60 years of age, or age 50 if she is disabled.
- At any age if she is caring for his child who also is her natural or legally adopted child and younger than 16 or disabled and entitled to benefits. In this case, her social security benefits will continue until the child reaches age 16 or is no longer disabled. An important thing to note here is that an ex-wife whose husband is deceased can receive this benefit even though she was not married to your ex-husband for 10 years.
Calculating the amount
If a woman was married for 10 years or more and then got divorced, she is entitled to receive an income from Social Security that is based on 50 percent of your ex-spouse's Social Security benefits. The exact amount receive depends on her age when she starts drawing benefits. To estimate the Social Security income an ex is entitled to, one can use the Quick Calculator 3 on the Social Security Administration website.
Another factor which determines the amount of social security benefits an ex-wife can receive based on her former husband’s work is the age at which she starts drawing the benefits. She can start her income as early as age 62, but in that case, her income would be reduced permanently by 30 percent. Or else she can wait till the Full Retirement Age of 66 before drawing her social security benefits; however there's no increase for starting the spouse's benefit after age 66.
For the woman who is confused when to start drawing her social security benefits based on her ex-husband’s work, it may help to keep her financial goals in mind. If she thinks that she will live, she stands to get more income over her lifetime by delaying until age 66. On the other hand if she needs the money now to make ends meet, she could decide to start her Social Security income as soon as necessary.
Other things to note
The provision of social security benefits to an ex-spouse is open to both men and women. Just like an ex-wife, if an ex-husband meets all the requirements he too can collect social security benefits based on his ex-wife’s work.
Another important thing to keep in mind is that a woman collecting social security benefit on a former husband’s earnings record does not impact the latter’s benefit in any way. In fact, he can remarry and his wife can receive a Social Security spouse's income as well.
While Social Security is a vital program, especially for women who are unable to earn enough to invest in a private retirement program, it is not intended to cover all of their financial needs. To live comfortably, everyone needs to plan their finances accordingly, whether man or woman, married, divorced or single. Ultimately living within one's means and saving for the future are essential to meeting both short and long term financial goals in life.
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