Divorced After 10 Years or More of Marriage? You May Be Eligible to Apply for the Same Social Secuirty Benefits as your Ex.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

If you divorce and were married for at least 10 years prior to the divorce, then you may be entitled to receive social security benefits equal to those of your spouse. You can qualify for this election at age 62, if you are divorced for at least two years from the person; not married at the time you reach that age; and your ex qualifies for social security benefits. If your ex is at retirement age and entitled to receive benefits, but has not done so yet, then you may still apply for the benefits. However, if you remarry and are still married by the time you reach social security age, then you cannot opt for your ex’s benefit amount. By opting for the benefits of your ex-spouse, it does not impact what s/he may receive in social security benefits.
For more information, contact a family law attorney to understand if you qualify and how to qualify.