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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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What is a second wife entitled to?

Your second spouse typically will be able to claim one-third to one-half of the assets covered by your will, even if it says something else. Joint bank or brokerage accounts held with a child will go to that child.

aarp.org - Second Marriage Money Dilemma - AARP

Complications arise when you own a house. You might leave it to your kids but give your spouse the right to occupy it for life. In some states, the spouse's right is guaranteed, even if he or she remarries, says attorney Molly Abshire of Wright Abshire in Houston. Before the house can be sold, your new spouse and kids will have to come to some kind of agreement (usually financial). A risk that might not occur to you is the potential cost of long-term care. In many states, married people have a legal duty to support each other. If your second spouse eventually needs long-term care, his or her assets and yours might be tapped to pay the bills. In Texas, that even includes your own income and IRA, Abshire says. You'll be spending your kids' inheritance on your second spouse's medical expenses. In other states, however, your personal income and IRA might not be forfeited for a spouse's nursing home expenses. So get good legal advice. You might decide to skip the "I do's" and publicly become partners instead. These decisions can be tough to make, especially if you and your new beloved find that you don't agree. It's even harder to tell the kids that their inheritance might change. "Often, people freeze and do nothing," Whitenack says. Or they make their plans secretly, figuring "I'll be dead and won't have to worry about it." That's the worst outcome. Be brave. Fess up. Jane Bryant Quinn is a personal finance expert and author of How to Make Your Money Last: The Indispensable Retirement Guide and Making the Most of Your Money NOW.

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