If you are divorced, you may be eligible to collect Social Security benefits based on the earnings of your ex-spouse. To collect Social Security benefits based on a former spouse’s earnings record, a divorced spouse must meet these requirements: Divorce and Social Security Spousal BenefitsIf you are divorced, you must have been married for at least 10 years to be eligible for a spousal benefit through your ex-spouse. In addition, you’ll need to have been divorced for at least two years and be currently unmarried. “Both you and your ex-spouse must be at least 62. If you marry someone else after getting a divorce, you will not be eligible to receive spousal benefits through your ex-spouse. You will instead be eligible for spousal benefits based on your new spouse’s work record. In the event that your second marriage ends in divorce, you can choose to receive whichever spousal benefit is highest, provided the other requirements are met and both marriages lasted at least 10 years. “If your second marriage didn’t last 10 years, you’ll still be eligible to collect benefits on your first spouse’s record.” Your benefits could be impacted by certain events, including the death of your spouse. You may be eligible to receive a Social Security survivor benefit equal to the full benefit your spouse was receiving. “If you are married and your spouse passes away, the surviving spouse will keep the higher of the two Social Security payments.” If you got divorced and your ex-spouse passed away, you can still claim survivor benefits if you are 60 or older. To be eligible, the marriage will need to have lasted for at least 10 years. If your spouse passes away and you get remarried, the benefits could change. “The important thing to remember in receiving survivor benefits is that if you remarry before age 60, this will cut off your eligibility to collect on your deceased spouse’s or deceased ex-spouse’s record.” “This could be a very expensive decision, because while a spousal benefit entitles you to 50% of the other spouse’s benefits, a survivor benefit would entitle you to 100% of those benefits.” Eligibility Requirements for Divorced Spouses
Eligibility When Your Ex-Spouse is DeceasedIf your ex-husband dies, you may receive benefits on his record, as long as your marriage lasted for at least 10 years. If you don’t meet the 10-year marriage rule, you can still qualify for benefits if all of the following are true: Types of Social Security BenefitsThere are four basic types of benefits based on the person receiving them. The types are retirement, disability, survivors and supplemental benefits. Retirement BenefitsRetirement benefits are what typically come to mind when most people think of Social Security. Such benefits are available for people 62 or older who have worked at least 10 years. Your benefit amount will vary based on your pre-retirement salary as well as the age at which you begin collecting benefits. While it is not meant to be your only source of income, it can help you avoid debt during your retirement years. Additionally, your spouse or divorced spouse may be eligible for Social Security retirement benefits even if he or she has not paid into the program. Disability BenefitsDisability benefits support people who cannot work because of disabilities. As with retirement benefits, you need to have worked a certain number of years to be eligible for Social Security Disability Insurance (SSDI) benefits. The amount of work you need depends on your age, and your monthly benefit amount depends on your pre-disability salary. SSDI benefits may also be available for your spouse or divorced spouse. Survivors BenefitsSurvivors’ benefits can help bridge financial gaps for survivors of workers and retirees. Eligible recipients typically include help for widows and widowers, divorced spouses and children. The level of benefits depends on a number of factors, including the worker’s age at death, the worker’s salary, the survivors’ ages and the survivors’ relation to the deceased. There is also death benefit for survivors that is a one-time payment of $255 that goes to the spouse or children of a deceased worker. Supplemental Security Income BenefitsSupplemental Security Income (SSI) helps people who are unable to earn sufficient wages on their own. It is available to adults with disabilities, children with disabilities and people 65 or older. Individuals with enough work history may be eligible to receive SSI in addition to disability or retirement benefits. The amount individuals receive varies based on their other sources of income and where they live. Social Security FundingThe Social Security program is funded primarily through dedicated payroll taxes called Federal Insurance Contributions Act tax (FICA). Employers also pay Social Security taxes. This funding method has not changed since the program’s inception. Revenue collected and not used immediately is credited to the Social Security Trust Fund and invested in securities issued by the U.S. Treasury to fund government operations. Amount of BenefitsA divorced spouse generally receives 50% of the disabled worker’s primary insurance amount (the amount of his or her monthly SSDI check). However, this amount is reduced if you collect it before reaching full retirement age. Also, if the divorced spouse is collecting a mother’s or father’s benefit and the disabled worker’s children are collecting SSDI benefits at the same time, the divorced spouse’s benefit can be reduced. The total of the divorced spouse’s benefit and the children’s benefit cannot be greater than the maximum family benefit, which is generally 150% of the deceased worker’s monthly SSDI benefit. Note that the benefits paid to a divorced spouse based on being over 60 or disabled are not counted toward the maximum family benefit and won’t affect a current spouse’s or child’s benefits. A divorced spouse’s benefit is counted toward the maximum family benefit only when the divorced spouse is receiving an SSDI benefit based on being a parent of a child under 16 or disabled. A surviving divorced spouse’s benefits are usually more, and vary between 75% and 100%, depending on the divorced spouse’s age and whether he or she takes care of minor or disabled children. Here are the rules: Post Divorce Retirement LawyerWhen you need legal help collecting social security from your ex-spouse after a divorce, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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