Susie100...The following Q&A is available on Social Security's website. A great resource. You don't really receive a portion of his benefit. You qualify to receive your own benenfit based on his earnings record. Social Security sets the rules. Remember any draw of benefits prior to age 65 results in a significant reduction of the payment.

"Question :
How much can a divorced spouse receive?
Answer
A man/woman who is divorced after at least 10 years of marriage keeps certain benefit rights on their former husband/wife's Social Security record. In order for him/her to get benefits, a divorced husband/wife must be at least age 62 and the former spouse must be eligible for benefits, but not necessarily receiving them. The maximum benefit is 50% of the benefit the worker would receive at full retirement age. However, benefits paid prior to full retirement age are reduced based upon the age of the spouse at the time benefits are received. "

So, if you qualify to receive a $750/month payment (based on 50% of his benefit)at full retirement age and take an early distribution at age 62, you may lose up to 25% of that benefit leaving you with $565/month.

Watch out, the full retirement age is no longer 65, it's gradually being raised to age 67. Again, consult the SSA website.

This triggered a question I had never considered before. How would you know if a former spouse had filed for benefits on your social security earnings? Would SS notify you if that happened?

Pat

Since it wouldn't have an impact on your social security, why should it matter?

Leel-

I don't know why I bother to explain this to you but here goes----

I have been married twice. If my first husband and father of my children were to file on my SS, it would not bother me in the least. Even though he left me for the "younger woman". He was always a good father and provider and I harbor no animosity toward him now. But- my second husband couldn't hold down a job for more that 6 months at a time, worked harder at not paying taxes than he did actual work. Which, by the way, means he has virtually zero dollars paid into social security. He, unlike all SAHM's did not even work in the home to offset household and childcare expenses. If he had worked half as hard actually holding down a job as he did trying to get out of work, he would be a wealthy man today. The thought that he could draw SS on my work record is most distasteful and I am willing to bet that under these circumstances, I am not alone.

I can understand your feelings, but unfortunately, the law's the law, and you can't fight city hall!

My wife and I are considering a divorce. I am 63 and on SS disability, my wife is 61 and on SS disability. Does the fact that she is on disability have any bearing in the amount of SS that she can draw. And can she draw at 61 or must she wait until she is 62?

Make an appointment at your SS office and talk to someone who knows the answers. Don't just walk in - make an appointment. That's what I did and I was impressed with how helpful and knowledgeable they are. I am collecting half of my XH's SS until I am 70 and then I am collecting my full amount, which will be more at age 70 than it would be if I collected now.

When I turned 62 I called soc sec and asked about the age I should start drawing SS. When I talked to someone, she told me to do the math. I did, it would take me 10 years to get back what I would have lost by waiting until I was 65. I signed up at 62. This was back when 65 was the retirement age.

Pris, but if Leel's husband were to remarry that wouldn't be the case, correct? Do you know if a first wife, though remarried, has any right to a part of her ex's pension? Think I'll post the question..........

The requirement is married at least 10 years. Remarriage has nothing to do with SS. As far as pension it depends on what was in the final agreement. Some wave the right to spouses retirement, a wise/informed person does not. Some by court order can receive part of ex's pension. Each pension is worded differently.

Maifleur, if the ex wife remarries she is NOT entitled to her ex's SS, even though it was over the 10 year mark. My friend was told personally by her divorce attorney at the time of the divorce. Nothing however was said about his pension. She didn't think about it until he passed away, and the fact they were married FIRST could entitle her to a portion. I told her she needs to call his former employer to get the facts.

Here is a link that might be useful: divorce and SS

I have another friend who lost her husband when she was 52. Her husband was retired, but I don't know if he was collecting or even had put into SS since he had his own business, and may have decided to pay himself in cash. Yes, I know it's breaking the law, but that's the possibility. When she inquired re: his SS, she was told she 'wasn't old enough', huh? I lost a first husband at 27 and was able to collect for myself as well as my children, so don't see age as being a prerequisite. I'm curious, is it because he didn't pay in, or is there another reason this could be the case?

The difference was the children.

Yes, the difference is the dependent children. The young widow with dependent children could collect SS right away.

The widow aged 52 presumably doesn't have dependent children. Therefore, she can't collect until she's 62.

When I saw an attorney to ask about my finances if I had to put my husband in a care home, he said I would only have my social security. I would lose my home and car.

Well that was BS, you can't believe everything they tell you. I got to keep my home, car and half the money.

My Dad died in 1960 and left mom with my 13 year old sister to care for. She started drawing SS right away, a check for her and a check for my sister. She had to fill out paper work once a year to show how it was spent.