Can my ex wife take my Social Security if I remarry?

To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death.

blog.ssa.gov - Ex-Spouse Benefits And How They Affect You - Social Security Matters

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February 15, 2018 • By Jim Borland, Acting Deputy Commissioner for Communications

Last Updated: February 15, 2018

Just like during tax season, it’s good to have all the information you need early so you can prepare and get any money you are due. If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record. To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can’t collect benefits on your former spouse’s record unless your later marriage ended by annulment, divorce, or death. Also, if you’re entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse’s work. In other words, we’ll pay the higher of the two benefits for which you’re eligible, but not both. You can apply for benefits on your former spouse’s record even if he or she hasn’t retired, as long as you divorced at least two years before applying. If, however, you decide to wait until full retirement age to apply as a divorced spouse, your benefit will be equal to half of your ex-spouse’s full retirement amount or disability benefit. The same rules apply for a deceased former spouse. The amount of benefits you get has no effect on the benefits of your ex-spouse and his or her current spouse. Visit Retirement Planner: If You Are Divorced to find all the eligibility requirements you must meet to apply as a divorced spouse. Our benefits planner gives you an idea of your monthly benefit amount. If your ex-spouse died after you divorced, you may still quality for widow’s benefits. You’ll find information about that in a note at the bottom of the website. Visit Retirement Planner: If You Are Divorced today to learn whether you’re eligible for benefits on your ex-spouse’s record. That could mean a considerable amount of monthly income. What you learn may bring a smile to your face … even on tax day!

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Does Social Security send a 1099 for a deceased person?

B. If a beneficiary dies before the end of the year or before receipt of the SSA-1099, we send the beneficiary statement to the last address on the Master Beneficiary Record (MBR). The benefit statement is used to file any final tax return, if applicable.

secure.ssa.gov - POMS: GN 05002.220 - Replacement Social Security Benefit Statement

The website allows mySSA Internet Users (IUs) to view, print, save, or mail a replacement Social Security Benefit Statement only for the previous tax year. We issue replacement Social Security Benefit Statements as a Form SSA-1099-R-OP1 or SSA-1042S-R-OP1. Get a copy of your SSA-1099 or SSA-1042 tax form online at https://www.ssa.gov/myaccount/replacement-SSA-1099.html

a. Replacement Social Security Benefit Statements available through mySSA include:

• Title II only,

• Title II and Title XVI (concurrent), and

• Title II and Title XVIII claimants.

b. Social Security Benefit Statements unavailable through mySSA include:

• Title XVI only,

• Title XVIII only, and

• Statements for individuals who cannot create an account.

c. Creating a mySSA account

IUs must successfully register and pass authentication to create a mySSA account.

To create the account, see https://www.ssa.gov/myaccount/.

d. Request the benefit statement via mySSA by following these steps:

• Agree to the legal acknowledgement,

• Select “Replacement Documents” tab,

• Choose “View/Print/Save Your Replacement SSA-1099 or SSA-1042S” link, or

• Select the “Notice 703” link (Internal Revenue Service (IRS) worksheet) for the SSA-1099. • See more information on federal income tax rules for Social Security benefits or if the beneficiary receives a SSA-1042S, refer to IRS Publication 915, or • Choose “request a copy of your SSA-1099 or SSA-1042S by mail” link. We send the copy to the address on file. The IU should allow 10 days for receipt or 30 days if the beneficiary lives outside the United States. NOTE: Users cannot request a replacement form from mid-December through January 31 each year.

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