Can I stop my ex-wife from getting my Social Security after?

Asked by: Roma Dibbert | Last update: February 14, 2026

Score: 4.6/5 (36 votes)

This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. In fact, he probably won't even know if you are drawing off him unless he calls SSA to ask. He doesn't have to give your permission and you don't need his input in any way.

Can I stop my ex-wife from getting my social security benefits?

Without a court order requiring your ex-spouse to apply for Social Security benefits, you cannot force her to do so. Continuing alimony payments may be necessary unless modified by the court. To change this, consider filing a petition to modify alimony based on retirement and eligibility for Social Security benefits.

Can a divorced man collect Social Security from his ex-wife?

A divorced spouse may claim Social Security benefits based on an ex-spouse's record if the marriage lasted at least 10 years, the claimant is age 62 or older, and unmarried. Working full time can affect benefits due to the earnings test if under full retirement age.

Can my ex-wife claim my Social Security if I remarry?

There are limited circumstances in which remarrying does not terminate benefits you collect on the record of a living former spouse. One is if you remarry that same person. The other is if your new spouse is receiving certain types of Social Security benefits, specifically: Survivor benefits.

Can a woman draw off her ex-husband's Social Security?

A wife with no work record or low benefit entitlement on her own work record is eligible for between one-third and one-half of her spouse's Social Security benefit.

Former SSA Insider: Secrets to getting Divorced Spouse Benefits (+Bonus Secrets) #socialsecurity

27 related questions found

What is the new Social Security spousal rule?

Starting in January 2024, your spouse's or surviving spouse's benefits will no longer be reduced or eliminated if you also get a retirement or disability pension based on your federal, state, or local government work not covered by Social Security.

How much Social Security does a divorced wife get?

The maximum ex-spousal benefit is up to 50% of the higher earner's benefit and capped at their full retirement age (FRA) amount, also known as the Primary Insurance Amount or PIA. Most will get a higher benefit based on their own record, rather than an ex-spouse's.

Can two ex-wives collect Social Security?

And it is possible for multiple ex-spouses of a marriage to the same person to qualify for benefits from those unions, if each marriage lasted at least 10 years. But each ex-spouse can only qualify for one benefit payment – either their own earned SS benefit, or their benefit as an ex-spouse.

What is the 5 year remarry rule?

Ideally, an individual who obtained a green card through marriage should wait at least 5 years before getting remarried to a foreign national.

What is the Social Security spousal benefits loophole?

What you may not realize is that your spouse may also be able to receive Social Security benefits. In fact, they don't even have to have reached retirement age to qualify for these benefits. They may be eligible, through this loophole, if they are serving as a caregiver at home for your child with disabilities.

What disqualifies you from Social Security retirement?

Not all U.S. workers qualify for Social Security retirement benefits. You can't collect Social Security in retirement if you haven't worked enough to accrue 40 credits, which takes approximately 10 years. Certain types of government workers may not be eligible, including some railroad employees.

What is an ex-wife entitled to when her ex-husband dies?

If your ex-husband passes away, you may be eligible for survivor benefits based on his work record. The eligibility requirements for survivor benefits are similar to those for Social Security benefits, with a few key differences: Your marriage must have lasted at least ten years before the divorce was finalized.

How long do you have to be married to a man to get his Social Security?

Generally, you must be married for one year before you can get spouse's benefits. However, if you are the parent of your spouse's child, the one-year rule does not apply.

How does Social Security work with ex-wives?

you're eligible for some of your ex's Social Security

wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.

What is the new Social Security rule?

The earnings limit for people reaching their full retirement age in 2026 will increase to $65,160. (We deduct $1 from benefits for each $3 earned over $65,160 until the month the worker turns full retirement age.) There is no limit on earnings for workers who are full retirement age or older for the entire year.

How do I protect my money in a divorce?

To protect assets in a California divorce, keep property separate, maintain clear records, and avoid mixing personal and shared funds. Prenups, postnups, and well-timed irrevocable trusts can help preserve separate property if set up properly and early.

Does my ex-wife still get half of my retirement if she remarries?

If you remarry after age 60 you can still receive survivor benefits based on your former spouse's record. But if your new spouse is also collecting Social Security benefits, and you would receive a higher amount based on the new spouse's work record, you will receive the higher amount.

How long do you have to be divorced before you get remarried?

Specifically, you may want to know how long after divorce can you remarry in California. You cannot remarry until your old marriage is legally over. Additionally, you have to wait at least six months before you can remarry.

How many years do you have to be married to get a 10 year green card?

As mentioned, you are eligible for lawful permanent resident status after two years of marriage. However, you'll need to take steps to obtain this right. One option is to simply wait two years before entering the country. This allows you to obtain a ten-year green card immediately upon your arrival into the country.

Can my ex-wife take my Social Security if I remarry?

How Remarriage Affects Survivors' Benefits. You can't receive Social Security survivor's benefits if you remarry before 60. If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse's record.

What is one of the biggest mistakes people make regarding Social Security?

8 Common Mistakes Retirees Make With Their Social Security Checks

Taking Benefits Too Early. ...
Not Understanding the Timing. ...
Not Factoring in Spousal Benefits. ...
Not Understanding the Tax Implications. ...
Not Being Aware of the Impact on Retirement Funds. ...
Not Planning. ...
Overestimating Income. ...
Not Planning for Life Expectancy.

What are the three ways you can lose your Social Security benefits?

There are a few different ways you could lose some or all of your Social Security benefits in retirement, including the following:

Working before full retirement age.
Having your benefits garnished or taxed.
No longer meeting the eligibility requirements.
Buy an annuity.
Consider a reverse mortgage.

Can I lose my Social Security benefits in a divorce?

No, you don't. Nor do you need your ex's permission. They will never know whether your retirement benefit was based on their work record. So long as you've met the other rules, it's your benefit for your retirement, even if you've been divorced for more years than you were married.

Can I collect spousal Social Security and then switch to my own?

Deemed filing essentially means that if you have your own working history and file for either spousal benefits or your own benefits, then you automatically apply for both. The Social Security Administration will pay a combination of the two benefits, with the total equaling whichever benefit is higher.

Can I get half of my husband's retirement in a divorce?

How Are Retirement Accounts Divided in a California Divorce? California is a community property state, meaning that, by default, any assets or debts acquired during the marriage are considered shared and will be divided equally between both spouses during a divorce, subject to a few specific exceptions.