If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if he or she has remarried) if:
- You are unmarried;
- You are age 62 or older;
- Your ex-spouse is entitled to Social Security retirement or disability benefits and
- The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
If you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends (whether by death, divorce or annulment).
If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years.
If you are eligible for retirement benefits on your own record we will pay that amount first. But if:
- the benefit on his or her record is a higher amount, you will get a combination of benefits that equals that higher amount (reduced for age).
- you have reached full retirement age and you are eligible for a spouse’s benefit andyour own retirement benefit, you have a choice.You can choose to receive only the divorced spouse’s benefits now and delay receiving retirement benefits until a later date. If retirement benefits are delayed, a higher benefit may be received at a later date based on the effect of Delayed Retirement Credits
- The Social Security website has loads of easy to understand information. Check it out.
If you are in need of a Divorce Lawyer. Call toll free at 800.486.6814 today for a free consultation. Our firm will represent you to ensure you get a fair deal and that your rights are protected including your rights to pensions and social security benefits.
Los Angeles Divorce Attorney Galen Gentry serves clients throughout Southern California including but not limited to Los Angeles, Beverly Hills, Santa Monica, Hollywood, The San Fernando Valley, Orange County and Long Beach and Ventura County
