Joppatowne, MD asked in Social Security for Maryland

Q: I was married to my former husband for 12 years. When can I get his Social Security?

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1 Lawyer Answer
  • Social Security Disability/SSI Lawyer
  • Orlando, FL

A: Your marriage lasted 10 years or longer;

Your ex-spouse is unmarried;

Your ex-spouse is age 62 or older;

The benefit that your ex-spouse is entitled to receive based on his or her own work is less than the benefit he or she would receive based on your work; and

You are entitled to Social Security retirement or disability benefits.

If you have not applied for retirement benefits, but can qualify for them, your ex-spouse can receive benefits on your record if you have been divorced for at least two years.

If your divorced spouse remarries, he or she generally cannot collect benefits on your record unless their later marriage ends (whether by death, divorce or annulment).

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