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I was married 22 years. The marriage ended in 2002. When my ex-wife retires, will I be able to collect half of her Social Security? If so, how do I go about that? I am 61; she is 62 now.
Also, would she be able to come after half of my Social Security? How can I prevent the latter? (I earned less than she did.)
-R.
Dear R.,
If your ex-wife earned more than you, she’d almost certainly get more money by taking her own Social Security. But even if you made more money, there’s no reason to worry that your ex could “come after” your Social Security. Her benefit has zero impact on your benefit, and vice-versa.
There seems to be a misconception at the heart of your question — which is the idea that when you claim your ex’s Social Securityyou’re somehow taking money from them. That’s simply not true.
Social Security doesn’t have a pot of money set aside for you. Instead, you pay into the Social Security trust through payroll taxes. When you become eligible to start collecting, your benefits are calculated based on how much you paid in. Alternatively, if you’re married or divorced, you may qualify for spousal benefits. In that case, Social Security bases your benefit on your current or former spouse’s earnings instead of your own.
The important point is this: Social Security wouldn’t take money out of your ex’s check and send it to you. Nor would they send half of your check to your ex. They’ll simply use the former spouse’s work record if it results in more money for the person who’s applying. Social Security will give you whichever benefit is bigger, but not both.
There’s nothing anyone can do to prevent their ex from claiming their Social Security. Even though some divorce decrees specify that one spouse will relinquish their rights to collect the other spouse’s benefits, the Social Security Administration says these provisions “are worthless and are never.. .
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