Social Security Question

swimmerbabe11

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1:05p, 10/15/23

I saw a instagram video or whatever about how you can file social security off of an ex-spouse if you were married for more than 10 years. The ex doesnt have to consent and it doesn't affect their SS benefits.

Is this accurate or there a catch/drawback that I'm not considering? I hate taking any video like that without a grain of salt, but from my googling, it seems like that is the case.

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DannyDuberstein

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In reply to swimmerbabe11 • 1:36p, 10/15/23

AG

The one looking to collect cannot be remarried

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swimmerbabe11

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In reply to DannyDuberstein • 2:56p, 10/15/23

but it doesn't matter if they one they are collecting off of is?

so OG Wife can collect off of a remarried ex spouse

but remarried ex spouse can not collect off of unmarried ex spouse

correct?

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aggie_wes

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In reply to swimmerbabe11 • 4:35p, 10/15/23

AG

I unfortunately had to look this up recently but have not yet gone through it, so someone else probably knows more. With that said, my understanding is that you are correct.

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Casey TableTennis

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4:38p, 10/15/23

AG

There is all kinds of nuance related to this topic. It will vary based on specific facts.

In short, it is possible to collect SS on an ex-spouse's record. If you do, it does not require their consent, nor does it impact them.

It varies based on whether the ex-spouse is dead or alive. Also, the marital status of the person looking to claim on ex-spouse matters, marital status of ex-spouse does not.

Even if you could based on all the above... if your own benefit is higher, you can't do it.

Need to be at least 62 (if ex is alive) or 60 (if they are deceased).

If you are still working or have gov't pension there can be reductions.

Too hard to generalize much, but that should help you narrow down specific items to explore and narrow down.

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swimmerbabe11

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8:03p, 10/15/23

thank you so much, I appreciate the insight and this is very helpful for the person I am asking for

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