Can I Get Social Security Benefits From My Ex-Spouse’s Work Record Even Though We Are Divorced?

 Posted on May 13, 2021 in DuPage County Divorce Attorneys

When you are older and you get a divorce, there are many financial uncertainties that you must face. Getting divorced when you are close to retirement or in retirement can be scary. How will your retirement accounts be handled? Will you still be able to retire at the age you are planning on retiring? These are questions that run through the minds of divorcing spouses at any age, but they are especially concerning for older divorcees. Thankfully, the Social Security Administration (SSA) provides ways that you can claim retirement benefits through of your ex-spouse’s retirement benefits, without lowering the amount your spouse receives.

Qualifying for Social Security Benefits

If you are divorced, you may be able to claim benefits from your spouse’s work record, even if you did not work yourself. However, there are certain requirements that you must meet before you are eligible to receive benefits. You may be able to claim these Social Security benefits if:

• You were married to your ex-spouse for at least 10 years or longer.

• You did not remarry.

• You are 62 years old or older.

• Your own Social Security benefits based on your work would be less than benefits based on your ex-spouse’s work.

• Your spouse is entitled to receive Social Security or disability benefits.

Benefits for Surviving Ex-Spouses

If your ex-spouse dies, you may be eligible to receive the same benefits that a current spouse or beneficiary receives -- as long as you were married for at least 10 years. Claiming benefits for a dead spouse will not affect the amount paid out to other beneficiaries. Unlike claiming benefits from a living ex-spouse, you can still receive benefits if you remarry, as long as the new marriage took place after you were at least 60 years old.

Our Wheaton, IL Divorce Attorney Can Answer Your Questions

Retirement is a big concern for many divorcing couples. If you are planning to file for divorce, you should speak with a knowledgeable DuPage County divorce lawyer to discuss how your divorce may affect your retirement benefits. At Andrew Cores Family Law Group, we can help you plan for a secure financial future. To schedule a free consultation, call our office today at 630-871-1002.

Sources:

https://www.ssa.gov/benefits/retirement/planner/applying7.html

https://www.ssa.gov/benefits/survivors/ifyou.html#h3