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Is My Ex Wife Entitled To Half My Pension

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Social security benefits not only for retired workers, but also for spouses who did not contribute to the program. Spouses are one of the many beneficiaries of Social Security, and even ex-spouses can claim payments from the program in some circumstances.

When you apply for Social Security, you automatically apply for your higher benefit or half of your spouse’s benefit. According to the Social Security Administration (SSA), the average monthly payment for all workers retiring in June 2023 was $1,701.62, while those claiming spousal benefits received an average check of about $893.

When an employee applies for Social Security benefits, the employee’s spouse can apply for benefits based on the employee’s contributions. To receive the benefit, spouses must be at least 62 years old or caring for a child under the age of 16 (or a child receiving disability benefits). Also, spouses cannot claim spousal benefits until the employee files for their benefits.

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“Spousal benefits are capped at half of the spouse’s benefit at full retirement age. If [the employee] waits longer to file, the spousal benefit cannot continue to increase,” said Claire Toth, CEO and strategist of senior wealth at New Jersey-based Peapack-Gladstone Bank.

Toth refers to a strategy where a retiree only claims benefits after reaching full retirement age (usually between 66 and 67) and can then claim a larger monthly benefit. Social Security will significantly increase your benefits if you delay filing until age 70. It’s a way to collect your payment without any extra work.

However, if your spouse files before full retirement age, your spouse will likely receive a permanently reduced benefit. Benefits can be reduced so that the spouse receives only 32.5 percent of the pensioner’s benefit. The member’s benefit is reduced by approximately seven-tenths of 1 percent for each month prior to full retirement age, up to 36 months. If you exceed 36 months, Social Security will keep about four-tenths of 1 percent of the extra months. The math can be complicated, but Social Security offers a tool to help you calculate your spousal benefit.

An exception to this early filing rule is if the spouse cares for a child under 16 or a child with a disability. In this case, the compensation will not be reduced. This spouse can actually claim partner’s benefit at any age if they are caring for a child who is also receiving benefits.

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In general, you may be eligible if you are married, divorced or widowed and your spouse was entitled to benefits.

Those applying for spousal benefits must have been married for at least one year. Your spouse must also receive Social Security benefits, unless they are widowed. In the latter case, you may be able to receive the full amount of your deceased spouse’s benefit, as opposed to your spouse’s benefit, assuming that their benefit is higher than yours. However, if you remarry, you will not be entitled to your deceased spouse’s benefits.

Even ex-spouses can apply based on their income. The conditions for claiming benefits based on the seniority of your ex-spouse include:

“In theory, a person could marry someone new every ten years and give them a wedding allowance as a parting gift,” says Russell D. Knight, a Chicago lawyer. “That’s better than nothing.”

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“If that happens, there’s no reduction for the high payer or the current spouse — the Social Security Administration does the actuarial work,” says Warren Ward, CFP at WWA Planning & Investments in Columbus, Indiana.

Social Security offers many options for claiming benefits, and while the options are meant to provide flexibility for retirees and others, they create more complexity. Everyone wants to get all the benefits to which they are entitled, and this complexity could prevent the possibility of receiving more money from the program. Spouses have several ways to do this, and the best course of action often depends on your personal financial situation.

While the best age to claim spousal benefits is a personal decision, you cannot claim these benefits before age 62. If you choose sometime after you turn 62 and before your full retirement age, there’s a good chance your benefits will be reduced.

And if you wait until full retirement age, your benefits won’t increase. An employee can benefit from deferral of benefits until age 70, but a spouse claiming benefits cannot.

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“The best strategy for claiming Social Security benefits as a spouse is to wait until you reach your normal retirement age, 65 to 67, depending on your year of birth,” says Lindsay Malzone, Medicare expert at Medigap.com. “Unless you are currently caring for an eligible child, you will receive a reduced benefit if you have not yet reached normal retirement age.”

“We usually start with health: how long the same-sex parent has lived and what the current health status is for both partners,” says Ward. “People with long life expectancies and good health are usually better off waiting until the maximum benefit is available. Those with shorter life spans or

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