Question: What rights does a divorced person have… regarding their former spouse’s social security benefits?
A: Under certain conditions, divorced persons may have the same rights based on the former spouse’s social security earnings as they’d have if they hadn’t divorced.
The Social Security website provides valuable information.
If you are divorced, you can receive benefits based on your ex-spouse’s record (even if the ex-spouse has remarried) if:
- The marriage lasted 10 years or longer.
- You are unmarried.
- You are age 62 or older.
- Your ex-spouse is entitled to Social Security retirement or disability benefits.
- The benefit that 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.
- Your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on your record if you have been divorced for at least two years.
If you qualify, you can consider the various options.
Also, if your ex-spouse dies before you do, under certain conditions, you may be able to receive 100% of your ex-spouse’s benefit. If you have minor children by your ex-spouse, they are entitled to benefits as well.Tagged with: divorce • Money and Finances • Social Security benefits