What are the requirements for a divorced spouse to receive benefits?
DIVORCED SPOUSE: A person who is divorced after at least 10 years of marriage keeps certain benefit rights on the former spouse`s Social Security record. To receive benefits, the divorced spouse must be at least age 62 and his/her former spouse must be entitled to (receiving) benefits.
INDEPENDENTLY DIVORCED SPOUSE: Independently divorced spouse`s benefit are payable regardless of whether the former spouse has applied for benefits or has benefits withheld because he/she is working. However, he or she must be eligible for retirement benefits. To receive benefits, the divorced wife or husband must be at least age 62.
The divorced wife or husband also must have been married to the former spouse for at least 10 years and divorced for at least 2 years. The 2-year divorce requirement can be waived if the former spouse was entitled to benefits in the month before the month of divorce, but was not receiving the benefits because of work deductions.
Benefits usually cannot be paid to a remarried divorced spouse on the former spouse`s record unless the latter marriage ends (whether by death, divorce, or annulment).
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Elder Law Articles
- Elder Law
- What retirement benefits are available through the Social Security Administration?
- The Rights of Nursing Home Patients
- How to Help Your Parents Obtain Medical Care
- How Trusts Can Help You Protect your Adult Children in the Event of Your Death
- The Top Ten Legal Steps to Take Before You Die
- Why Everyone, Even Young People, Need an Estate Plan
- How to Care for an Aging Parent
- What Retirement Benefits Are Available Through the Social Security Administration?
- What Is Elder Law?
- What are the requirements for a survivor to receive Social Security benefits?
- What is the maximum Social Security retirement benefit?
- What is the average monthly Social Security benefits for a retired worker?
- How long does a person need to work to become eligible for retirement benefits?
- When should I apply for retirement benefits?
- What is the earliest age that I can begin receiving retirement benefits?
- When will my retirement benefits begin?
- Will my benefit amount be the same for the rest of my life when I start receiving benefits?
- How are my retirement benefits calculated?
- If I receive a government pension, how will this affect my Social Security benefits?
- Will my retirement pension from my job reduce the amount of my Social Security benefit?
- Will I receive more benefits if I delay my retirement?
- What age can I begin receiving full retirement benefits?
- What month do retirement benefits begin?
- What is the definition of Full Retirement Age?
- Can a non-citizen receive Social Security benefits?
- What are the requirements for a husband or wife to receive benefits?
- Can I receive benefits on an ex-spouse`s Social Security record?
- If both my spouse and I are entitled to Social Security benefits, is there any reduction in our payments?
- I have never worked but my spouse has. What will my Social Security benefits be?
- Will a husband and wife`s combined benefits be reduced because of marriage?
- Does Social Security recognize common law marriage for the purpose of paying survivors and spouse`s benefits?
- How does a divorced spouse qualify for Social Security benefits?
- Can my spouse collect benefits at age 62 from her work and earnings and then receive additional benefits as a spouse?