Family Law Blog

Claiming Social Security Benefits From An Ex-Spouse

Friday, December 07, 2018

social security cards

When people finalize a divorce, they think that contact from their spouse is over. They may pay spousal support or alimony for a time, but afterward, you will have no ties to them anymore. However, that's not exactly true. In fact, when you reach retirement age, you may be able to collect up to 50 percent of their Social Security benefits even if you have been divorced from them for decades.

In order to collect Social Security from your ex-spouse when you reach retirement age, there are certain criteria that must be met. First, you need to be at least 62 years of age to receive full retirement benefits. Furthermore, you cannot collect their benefits if you are currently married at that age. If you remarried previously, but your subsequent spouse passed away or divorced, you can actually choose which benefits to collect from either spouse. Typically, you will want to choose the higher amount for obvious reasons.

However, the key thing to remember in order to qualify for these benefits is that you must have been married to your spouse for at least 10 years prior to the divorce. The good news is that if you meet all the above criteria and also had your own employment, you can collect your own Social Security benefits as well as an ex-spouse's. Furthermore, if you reach retirement age first, you retain the right to collect those benefits even if they are not collecting them. This prevents ex-spouses from shutting their old spouses out from what is their marital right when it comes to retirement benefits.

If you are divorcing and need help, or have long since been divorced, and want to learn more about collecting these Social Security benefits, contact us today. The Law Office of Jamra & Jamra can make sure you get what is yours.