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Social Security Benefits for Divorcees


Divorce often causes ex-spouses to go through a great deal of change in almost every aspect of their lives. Divorce lawyers assist their clients get ready for these variations as well as assist them in obtaining the means they require to move on and start new lives.

Some divorcees are unaware of all the benefits they are entitled to after their divorce. One of the most important steps, during and after a divorce, is securing a divorcee’s financial future, which can include pursuing Social Security benefits.

Receiving Social Security benefits after a divorce is especially important for homemakers and stay-at-home moms.  If the husband or wife never worked outside of their home, they would be ineligible to receive Social Security benefits based on their own employment history.

Social Security Benefits After a Divorce 

Typically, spouses that did not work or earn enough income credits to be entitled to benefits are able to receive a spousal Social Security benefit. In cases where the spouse reaches his or her retirement age, they will be eligible to receive half of their spouse’s total benefits. Additionally, ex-spouses will continue to receive the same benefits after a divorce. 

Eligibility to Receive Social Security Benefits Based on an Ex-Spouse’s Work 

Divorcees are allowed to claim Social Security benefits based on their ex’s employment records as long as they meet the following criteria:

  • The ex-spouse has to be entitled to Social Security disability or retirement benefits. To be entitled to retirement benefits, the ex-spouse must have worked a minimum of 10 years and be 62 years old or older.
  • The length of the marriage must have been a minimum of ten years.
  • The divorcee must be at least 62 years old.
  • The divorcee can not have gotten married again.
  • The divorcee’s own Social Security retirement benefits have to be a lower amount than the spousal benefit.

Amount of Benefits 

Just as if the divorcee and their ex were still married, the divorcee would still be entitled to half of their ex’s Social Security retirement benefit. Even in cases where the ex gets married again and the new husband or wife becomes eligible for their own Social Security benefits, the divorcee will continue to receive the same spousal benefits.

Do not Hesitate to Contact a Knowledgeable and Trustworthy Divorce Lawyer 

The Law Offices of Steve W. Marsee can assist you in determining whether or not you will be eligible to receive Social Security benefits based on your soon to be ex-spouse’s work history. Attorney Steve W. Marsee will do everything in his power to secure your financial future after a divorce.

We are dedicated and determined to achieve a fair and equitable resolution for your divorce. Choosing a highly-experienced divorce lawyer to provide you with the best possible representation will make all the difference in your divorce case.   

Our Orlando divorce attorneys are here to assist you, during this dreadful and tough process, obtain a divorce. We genuinely care about helping our clients achieve all their divorce objectives and safeguarding their entitlements. Contact us online or call today at 407-521-7171 to discuss your Social Security benefits in more detail.




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