Social Security Report

Q & A

I think my husband’s ex is taking my spousal benefits…

Complete Question: My husband and I have been married for six months. He told me that his ex-wife is getting Social Security spousal benefits. Can she do that? Will that affect my spousal benefits?

Answer: YES, she is allowed to do that under certain conditions – (1) they must have been married for at least 10 years; (2) they must have been divorced for at least 2 years; and (3) she is not remarried. If she does get remarried, she can no longer receive spousal benefits.

The good news for you is that it does NOT affect your spousal benefits in any way. Social Security does have a maximum family benefit; however, ex-spouse benefits are not included in that calculation. The maximum family benefit typically applies when more than two people in the household are receiving benefits. For example, if you and your spouse are taking care of a child, the maximum benefit may apply; however, if only you and your spouse are receiving benefits, it should not apply even if multiple ex-spouses are claiming benefits.

NOTE: If you have additional questions about ex-spouse benefits, spousal benefits, or the maximum family benefit, you can send a comment or question below. You are also welcome to send questions about any Social Security issue you may be facing. If you want to discuss your situation privately, you can send an email to C.J. Miles at [email protected]. Please do not provide personal identification information such as Social Security numbers.