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Can You Collect on Your Ex-Spouse’s Social Security?

Understanding the intricacies of Social Security benefits can be a complex task, especially when it comes to ex-spouses. Many individuals are often left wondering if they can collect on their ex-spouse’s Social Security benefits. The answer to this question depends on several factors, including the duration of the marriage, the age at which the ex-spouse files for benefits, and the current marital status of the individual seeking the benefits.

Eligibility for Ex-Spouse’s Social Security Benefits

To be eligible for Social Security benefits based on your ex-spouse’s work record, you must meet the following criteria:

1. Marriage Duration: Your marriage must have lasted at least 10 years.
2. Divorce Status: You must be legally divorced from your ex-spouse.
3. Age Requirement: You must be at least 62 years old.
4. Benefit Amount: Your own Social Security benefit must be lower than the benefit you would receive based on your ex-spouse’s work record.

When Can You Start Collecting Benefits?

If you meet the eligibility requirements, you have the option to start collecting benefits at any time after you reach the age of 62. However, the age at which your ex-spouse files for benefits can impact the amount of Social Security you receive. If your ex-spouse files for benefits before reaching full retirement age (FRA), your benefits will be reduced. Conversely, if your ex-spouse waits until after reaching FRA to file for benefits, your benefits will be increased.

Other Factors to Consider

1. Remarriage: If you remarry before the age of 60, you may lose your eligibility to collect benefits based on your ex-spouse’s record. However, if you remarry after the age of 60, you can still collect benefits based on your ex-spouse’s record.
2. Divorce Decree: It is essential to have a legally binding divorce decree that specifies the terms of the Social Security benefits. This document will serve as proof of your eligibility for benefits.
3. Benefit Calculation: The amount of benefits you receive will be based on the highest 35 years of your ex-spouse’s earnings, rather than your own.

Conclusion

In conclusion, it is possible to collect on your ex-spouse’s Social Security benefits, but you must meet specific criteria and understand the potential impact of your ex-spouse’s filing age on your benefits. Consulting with a Social Security expert or attorney can help you navigate the process and make informed decisions regarding your benefits. Remember, the sooner you understand your options, the better prepared you will be to secure the benefits you deserve.

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