Divorced? You May Still Be Able to Claim Your Ex’s Social Security Benefits

looking down at desk with mans hands

As you begin the early stages of a divorce, you will likely be looking ahead at how it will impact your future financial picture, especially when it comes to retirement. However, when starting to construct your monetary outlook, keep in mind that you may have access to funds you hadn’t previously considered – social security benefits.

Many people who have been through a divorce in the U.S. are unaware that they may be entitled to the social security benefits of their former spouse.

What are the Requirements for Receiving My Ex’s Social Security Benefits?

To claim benefits from your former spouse, several requirements must be met. If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record, even if they have remarried, according to the Social Security Administration website.

Other requirements that need to be met to claim social security benefits from your former spouse include:

  • You aren’t married
  • You are 62 or older
  • The divorce took place two years prior to the time the claim is filed
  • 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 from your ex-spouse’s work.

Claiming Social Security Benefits if You’ve Remarried and Divorced Again

An interesting tidbit: Though the person making the claim for benefits has to be unmarried when filing, there is no stipulation that they could not have been married again in between the first divorce and the time of the claim.

If the person making the claim for the benefits has been married twice, and both unions lasted more than 10 years, they can attempt to claim the benefits of the higher-earning spouse.

Be Informed Before Heading into Divorce Negotiations

It is incredibly important that you take time to determine if you are entitled to these benefits. Understanding how social security rules will apply to you or your ex, and whether you are eligible for this future source of income, might be considered during divorce negotiations.

Failing to understand what you are eligible for in general  could leave you facing retirement with far less financial stability than necessary. That’s why it’s important to hire a divorce Tarrant County divorce lawyer with a deep understanding of asset division who can protect you.

Contact the Tarrant County attorneys at the Sisemore Law Firm to find out how we can help you take advantage of potential retirement benefits.