Qualifying for Social Security Benefits After a Virginia Divorce (Part B)
Collecting Social Security Benefits
In situations where your ex-husband has not claimed his Social Security benefits, you may still be eligible to receive those benefits. He may choose to delay claiming his benefits if, for example, he has substantial employment income. It's best to speak about the specifics of your case with a Virginia Beach divorce attorney who can help you understand how the SSA's rules directly affect you.
You can still claim Social Security benefits from you ex-husband's earnings record if:
- your ex-husband is eligible to receive the benefits;
- you're at least 62 years old;
- you were married at least 10 years; and
- you've been divorced at least 2 years.
Understanding Your Rights to Social Security Survivors Benefits
You may also be eligible to receive Social Security survivors benefits, even after your Virginia divorce, provided you meet certain guidelines. Consider working with a Virginia Beach divorce attorney who has experience working with Social Security benefits and can help you understand the SSA's fine print.
You're entitled to receive reduced Social Security survivors benefits after your ex-husband's passing if:
- you're at least 60 years old (or 50 years old if you're disabled); and
- you were married for at least 10 years.
You may also be eligible to receive the full amount of Social Security survivors benefits if you meet certain guidelines. Your Virginia Beach divorce attorney can explain additional SSA rules that may seem confusing.
For example, in order to receive the full amount of Social Security survivors benefits, you must be:
- at least 65 years old; or
- caring for a child who is either younger than 16 years old or disabled and is getting benefits on the same record.
Keep in mind that you can receive Social Security survivors benefits on the basis of child care only if your ex-husband has passed away and the child is your ex-husband's natural or legally adopted child.
In addition to the general stipulations that the SSA places on collecting Social Security benefits after a Virginia divorce, rules regarding remarriage may affect your eligibility. To make sure that you fully understand your rights and meet the SSA's eligibility requirements, talk about the specifics of your case with a Virginia Beach divorce attorney.
An experienced Virginia Beach divorce attorney will know the ins and outs of receiving of Social Security benefits after a Virginia divorce, and can walk you through all the details of how to collect benefits on your ex-husband's earnings records.
Contacting a Virginia Beach Divorce Attorney
There are very specific rules governing divorce in Virginia, including those involving social security benefits. At Hofheimer Family Law Firm we are committed to providing you with the experience and compassion you deserve and the successful results you need to move on with your life. Request a FREE copy of our divorce guide for women in Virginia, or reserve your seat at our monthly divorce seminar - 757-425-5200