divorce and social security

Divorce and Social Security

Even after you are divorced, you may still qualify for the same Social Security benefits as a spouse would.

There are several requirements you must meet in order to get Social Security benefits from your former spouse:

  • The marriage must have lasted for a minimum of 10 years
  • You must be at least 62 years old
  • You must be currently unmarried and not entitled to a higher Social Security benefit on your own work record
  • Your ex-spouse must be at the age for which they are eligible to receive their own retirement or disability benefits. If they are in fact eligible but have not claimed their benefits, this does not impact you as long as you have been divorced for a minimum of two years.

If you have remarried and your second spouse is deceased, you will qualify to claim benefits from either your first spouse or your second spouse, so long as each marriage meets the previous requirements. You can collect these benefits as early as age 60 as a divorced spouse surviving. If you are disabled, you can collect benefits as early as age 50.

Typically, the spouse seeking Social Security benefits from their former spouse will receive one-half of their retirement benefits. If they die before the spouse requesting benefits, they will receive full retirement benefits. The amount you receive is also affected by the full retirement age of the spouse getting the benefits.

For more information on getting Social Security benefits from a former spouse, seek the help of a Phoenix family law attorney at The Sampair Group. We will work diligently with you to determine your rights after a divorce and how you receive the benefits you deserve.