Are you eligible to receive Your Ex-Spouse’s Social Security?

by | Jan 25, 2019 | Law Services

You were married for ten years, but unfortunately, the marriage didn’t work. You may be able to collect benefits based on your ex-spouse’s social security. Here are details you need to know if you were married for ten years or more and are now divorced.

Are you eligible to receive Your Ex-Spouse’s Social Security?

You may be eligible to collect spousal benefits if the following requirements are met:

  1.    *  You are unmarried
      *  Your former marriage lasted ten years or more
    *  You are more than 61-years-old
    *  Your ex is either older than 61 or is currently receiving Social Security disability (SSDI) benefits
    *  The divorce must be at least two years old if your spouse is not collecting Social Security benefits

Can You Collect Your Own Retirement Benefits and Your Ex-Spouse’s?

You cannot collect both your retirement benefit and your ex-spouse’s benefit at the same time. Social Security will grant you the benefit that is the highest.

Do You Have to be a United States Citizen?

You do not have to be a U.S. citizen, but you do have to possess a lawful immigrant status. In addition, you have to be unmarried and at least 62-years-old. Social Security Benefits Lawyer Santa Ana can provide additional information about your immigrant status.

If Your Ex-Spouse Remarries, Can You Collect Their Social Security Benefits?

Your ex-spouse can be remarried. Social Security only cares that you are not remarried but with one exception. If you are remarried, and your new spouse is receiving one of these three Social Security benefits, then you can collect your ex-spouse’s benefits.

*  Survivor benefits
*  Divorced spouse benefits
*  Childhood disability benefits

For additional guidance, seek a Social Security Benefits Lawyer Santa Ana. The Law Offices of Norman J. Homen has attorneys who are experts in all Social Security matters. For a consultation, call 123-456-6789 today. For more information, visit our website.

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