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Can I stop my ex from claiming half of my Social Security benefits?

If you are divorced and aging you might be wondering about your ex claiming your benefit.

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Here is how to get your maximum benefit.


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Let’s clear up a misunderstanding

There is a misconception that claiming your ex’s Social Security is taking money from them. Rather, the benefits you receive are based on how much you pay to Social Security. This is done during your working years through payroll taxes. Click here to read more.

What you are probably looking to claim is a spousal benefit from Social Security if you are divorced.


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Do I qualify for a spousal benefit?

If you are married or were married for at least ten years before divorcing, you can claim Social Security spousal benefits.

Spousal benefits bases your benefit on your current or former spouse’s earnings. If you qualify on your own too, Social Security will give you the bigger benefit, but not both.

There is no way to stop your ex from claiming spousal benefits when they sign up. If the marriage ended in divorce, you must wait more than two years to claim the benefit.


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How much money can I get?

The maximum you can receive through spousal benefit is 50% of their. The maximum can only be received at full retirement age (FRA).

FRA is 67 years old, so anyone born in 1960 or later.

People who work for the majority of their adult life, will probably qualify for more money on their own.

The earliest you can start collecting benefits is 62 years old. If you try to claim the spousal benefit then, you’ll only be able to get 32.5% of the benefit.


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How do I know which benefit is bigger?

When you apply for Social Security, ask them to calculate both your retirement and spousal benefits.

When going to apply for the spousal benefit you will need their Social Security number. If you don’t have that, date of birth, place of birth, and parent’s names will suffice.


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