If I Separate From My Husband Can I Still Inherit His Social Security?
- A separation is not a divorce with regard to Social Security benefits. If your husband receives benefits and you are old enough to draw off his record, you may access his earnings record to establish a Social Security benefit in your name. If you draw benefits before full retirement age, your benefit will be reduced according to a formula set up by the Social Security Administration. If you wait until full retirement age, you will receive 50 percent of your husband's benefit amount.
- If you separate from your husband and he dies during the separation period, you are still considered married and may receive survivors benefits as a result. You can tap the benefits when you turn 50 years if you are disabled and at the age of 60 if you are not disabled.
- If you care for children under the age of 16 who are the legal wards of your estranged husband, who receives Social Security benefits or who has died, your benefit will amount to one-half your husband's benefit no matter what your age. If you are under full retirement age when the child reaches 16, your benefit will reduce according to the SSA's formula.
- If your separation ends in divorce and you were married at least 10 years, you keep the benefit rights available through your husband's Social Security work record. To access these benefits, you must have reached the age of 62 and your ex-husband must be eligible to receive Social Security benefits. If you wait until you have reached full retirement age, your benefit will equal 50 percent of your former husband's benefit. If you access benefits earlier than full retirement age, your benefit amount decreases. If your ex-husband dies and you were married for 10 years or more, you can access survivors benefits at age 50 if you are disabled and age 60 if you are not.
Spousal Benefits
Survivors Benefits
Effect of Children
Effects of Divorce
Source...