How does a divorced spouse qualify for Social Security benefits?
You can receive benefits on your ex-husband`s Social Security record if he is receiving Social Security benefits (or is deceased) and:
your marriage lasted 10 years or longer;
you are presently unmarried;
you are age 62 or older (if he is deceased, you can collect benefits at age 60 and age 50 if you become disabled); and
you are not entitled to an increased benefit on your own record that exceeds one-half of your ex-husband`s unreduced benefits.
If your ex-husband has not applied for benefits, but can qualify for them and is age 62 or older, you can receive benefits on his record if you have been divorced from him for at least two years and meet the requirements listed above.
If your ex-husband is deceased, you can receive benefits on his record even though you were not married to him for 10 years:
if you are caring for his child who also is your natural or legally adopted child and is under age 16 or disabled;
you are unmarried; and
you are not entitled to an equal or higher amount on your own record.
Your benefits will continue until the child reaches age 16 or the child`s disability ceases.
The amount of benefits you receive as a divorced spouse does not affect the amount of benefits another spouse receives on your ex-husband`s record.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified elder lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local elder attorney to discuss your specific legal situation.
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