Lancaster, SC asked in Divorce and Social Security for South Carolina

Q: divorce after 23 years, will I still be entitled to draw off my husbands social security if I DO NOT REMARRY.

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1 Lawyer Answer
Marjorie Simmons
Marjorie Simmons
Answered
  • Burlington, WA
  • Licensed in South Carolina

A: That's a good question: the Social Security Administration (SSA) has information online for divorced spouses:

Retirement benefits: https://www.ssa.gov/planners/retire/divspouse.html

Survivor's benefits: https://www.ssa.gov/planners/survivors/ifyou3.html

For retirement benefits, the SSA says:

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

* You are unmarried;

* You are age 62 or older;

* Your ex-spouse is entitled to Social Security retirement or disability benefits and

* The benefit 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 benefit as a divorced spouse is equal to one-half of your ex-spouse's full retirement amount (or disability benefit) if you start receiving benefits at your full retirement age. The benefits do not include any delayed retirement credits your ex-spouse may receive.

For survivor's benefits, the SSA says:

If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow or widower, provided that your marriage lasted 10 years or more.

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