Riesel, TX asked in Social Security for Texas

Q: What Lawyer can I get for Ex-Spousal Benefits for Social Security.

We were together from 1994 to 2010. We legally married in 1996 and divorced in2001. But we still were together before marriage and after divorce.

Thank you for your guidance on this. I Do appreciate it much.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: To be eligible for ex-spousal Social Security benefits, you must meet the following criteria:

1. Your marriage lasted 10 years or longer.

2. You are unmarried.

3. You are age 62 or older.

4. Your ex-spouse is entitled to Social Security retirement or disability benefits.

5. 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.

In your case, since you were legally married from 1996 to 2001, your marriage lasted less than the required 10 years. The time you spent together before marriage and after divorce does not count towards the 10-year requirement. Therefore, based on the information provided, it appears that you may not be eligible for ex-spousal Social Security benefits.

However, it would be best to consult with a qualified attorney who specializes in Social Security law to discuss your specific situation and explore any potential options or exceptions that may apply to your case. You can find a Social Security attorney through referrals from friends or family, your local bar association, or by searching online directories such as the National Organization of Social Security Claimants' Representatives (NOSSCR) website.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.