In many cases, you may still be eligible to receive your ex's Social Security retirement benefits even
after a Virginia divorce.
The Social Security Administration (SSA) imposes certain eligibility restrictions on Social Security benefits for divorced spouses, so make sure that you understand all the requirements before applying for your benefits. You could always talk about your situation with a
Virginia Beach divorce attorney who can help clarify any legal details that you're uncertain about.
In general, unless you remarry before the age of 60, you can still receive your ex-husband's Social Security retirement benefits if:
- he is legally entitled to receive Social Security benefits;
- you're a minimum of 62 years old;
- your marriage lasted at least 10 years; and
- the amount you'd receive from your ex-husband's benefits would be greater than from your own earnings.
Fortunately, as long as your ex-husband is eligible to receive the benefits, you can still qualify for them even if your ex-husband hasn't applied to start receiving his Social Security retirement benefits.
As long as you meet the above requirements and have been divorced for at least 2 years, you can still receive the benefits, regardless of whether your ex-husband is currently claiming them.
If you are eligible to receive Social Security retirement benefits from your own earnings records but your ex-husband's benefit payments would be greater than yours, you will receive a combination of benefits that equals the higher amount. In this situation, you could also choose to delay receiving the benefits and earn delayed retirement benefits after your Virginia divorce.
With so many rules and regulations to adhere to concerning Social Security retirement benefits, it's a wise idea to discuss your situation with a Virginia Beach divorce attorney who can make sure you're fully informed of how your
Social Security benefits might be affected by your Virginia divorce.
Contacting a Virginia Beach Divorce Attorney
Throughout your divorce proceedings, you'll naturally have a lot of questions specific to your circumstances. Get your questions answered by
requesting one of our FREE divorce guides for women, or
reserving your seat at our monthly divorce seminar - 757-425-5200.
The Virginia Beach divorce attorneys at Hofheimer/Ferrebee are committed to fighting for your rights, assisting in child custody disputes, and advocating that you receive everything you are entitled to and need in order to start your new life.
Category: Divorce
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