Maybe. You may qualify for social security benefits of your ex-spouse if you meet all of the following requirements:
You must:
- Have been married for at least 10 years,
- Be at least 62 years old;
- Unmarried; and
- Your social security record shows that you qualify for lower benefits than what you would receive under your ex-spouse’s benefits.
To receive benefits, you would provide your marriage certificate, divorce decree and proof of age to the Social Security Administration to determine whether receiving benefits under your ex-spouse would be an option. Your ex-spouse is not involved at all with making the determination whether you qualify to receive a higher benefit from his/her benefits. Depending upon when you request these benefits, the Social Security Administration may draw from your benefits first then pull the remaining amount from your ex-spouse’s benefits so that you receive the higher benefit amount.
If you have remarried since your divorce from your ex-spouse, you may still receive benefits if you are no longer married and your subsequent marriage ends by death, divorce, or annulment.
If you qualify to receive benefits under your ex-spouse, it is important to point out that the amount of benefits paid to you will not affect your ex-spouse or his/her current spouse benefits. Therefore, if your ex-spouse has remarried, you may still qualify for his/her social security benefits, if you meet all of the above criteria.
If you have a question whether you qualify for your ex-spouse’s benefits, you can use the Retirement Planner tool on the Social Security Administration’s website found here. If you are approaching retirement age and are able to qualify to receive a higher social security benefit from drawing from your ex-spouse, we encourage you to discuss those options with the Social Security Administration.
At Bond & Botes, we are attorneys providing financial solutions.
