Can I Receive Social Security from My Ex-spouse?

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KS and MO Attorney Kyle E Krull

Written by Kyle Krull

Attorney & Counsellor at Law Kyle Krull is president of the Law Offices of Kyle E. Krull, P.A., an Estate Planning Law Firm located in Overland Park, KS. Estate Planning Attorney Kyle Krull has provided continuing education instruction to attorneys, accountants, and financial professionals at local, state, and national programs.

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POSTED ON: July 21, 2020

You may be entitled to Social Security benefits from your ex-spouse. You are divorced. Throughout your marriage, you put your career on hold. Your spouse worked in a traditional job. You took care of managing the household. You were not able to have Social Security withheld from your paycheck. According to a recent nj.com article titled “I’m […]

You may be entitled to Social Security benefits from your ex-spouse.

You are divorced.

Throughout your marriage, you put your career on hold.

Your spouse worked in a traditional job.

You took care of managing the household.

You were not able to have Social Security withheld from your paycheck.

According to a recent nj.com article titled “I’m divorced. Can I get Social Security from my ex-husband?,” you may still be able to collect Social Security.

You may be eligible for Social Security benefits after divorce.

If your ex-spouse is eligible for Social Security, you may be eligible for spousal benefits.

Really?

Yes. Really.

How?

If you are were married for at least ten years before your divorce, you can apply for benefits on the record of your former spouse.

What if your ex-spouse remarries?

You are still entitled to benefits.

Waiting until you reach full retirement age allows you receive an amount equal to half of the full retirement amount or disability benefit for your ex-spouse.

If your former spouse died, you still qualify for benefits under the same rules.

Your former spouse must be entitled to Social Security or disability benefits.

You must be married at least 10 years.

You must be age 62 or older and unmarried when you claim your benefits.

Any benefit to which you would be entitled in your own right should be less than what you would receive from the benefit of your ex-spouse.

Does receiving these benefits impact the benefits available to your ex-spouse and his or her current spouse?

Nope.

If you get remarried, you will no longer receive these benefits.

Instead, you could receive benefits based on the record of your new spouse.

If you have questions regarding your specific situation, contact the Social Security Administration.

Reference: nj.com (June 30, 2020) “I’m divorced. Can I get Social Security from my ex-husband?”

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