{"id":8163,"date":"2024-11-19T09:27:54","date_gmt":"2024-11-19T09:27:54","guid":{"rendered":"https:\/\/finderica.com\/my-husband-plans-to-divorce-me-when-he-retires-can-i-request-half-his-social-security-benefits-as-settlement\/"},"modified":"2024-11-19T09:27:54","modified_gmt":"2024-11-19T09:27:54","slug":"my-husband-plans-to-divorce-me-when-he-retires-can-i-request-half-his-social-security-benefits-as-settlement","status":"publish","type":"post","link":"https:\/\/finderica.com\/?p=8163","title":{"rendered":"My husband plans to divorce me when he retires. Can I request half his Social Security benefits as settlement?"},"content":{"rendered":"\n
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\"ScoreCard<\/p>\n

Dear Penny,<\/span><\/p>\n

I\u2019ve been married for 42 years and worked throughout those years. To my surprise, my husband has been planning a divorce to coincide with his retirement (I have notes in his writing). I will not retire for seven more years. Can I request half of his Social Security benefits as settlement in the divorce?<\/span><\/p>\n

\u2014 Surprised Single<\/span><\/p>\n<\/div>\n

Dear Surprised,<\/span><\/p>\n

I\u2019m sorry for your circumstances; this sounds shocking and difficult to absorb. Financially, I have good news for you: You don\u2019t have to fight for<\/span> Social Security benefits from an ex-spouse<\/span><\/a>. The Social Security Administration lets you claim up to half of his benefit amount as a matter of course. This doesn\u2019t affect the amount he receives, and it\u2019s the same benefit you could receive if you were still married in retirement.<\/span><\/p>\n

To be eligible for spousal benefit from an ex-spouse\u2019s record, you have to have been married for at least 10 years, so you should qualify. Because you\u2019re probably also eligible to receive your own Social Security retirement benefit, you should apply on both records. You\u2019ll receive the higher amount of the two benefits.<\/span><\/p>\n

If your ex-husband were to die before you claim benefits, you can still apply for survivor\u2019s benefits on his account. You\u2019ll become ineligible to receive any benefits on your ex-husband\u2019s record if you remarry, unless the new marriage ends in annulment, divorce or death.<\/span><\/p>\n

You can apply for these benefits anytime you\u2019re eligible. Use the\u00a0<\/span>SSA\u2019s Retirement Planner<\/span><\/a> to see what you could receive and determine the best time to apply for benefits.<\/span><\/p>\n

If you want to benefit from your ex-husband\u2019s income beyond your spousal benefit, you\u2019ll need to request spousal support (a.k.a. \u201calimony\u201d) in the divorce settlement. This doesn\u2019t have to go through Social Security specifically; you can just work with an attorney to negotiate a monthly payment.<\/span><\/p>\n

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