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Do You Qualify to Receive Social Security Benefits After Divorce?

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Once you are of the right age to qualify, you might be entitled to receive social security benefits from your retirement plan. There are also cases when a person does not qualify on their own, but can benefit from their spouse’s social security benefits. However after a divorce, those people may think that they lost their social security benefits. That might not be the case.

The major reason why a person is potentially qualified to receive a portion of their ex-spouse’s social security benefits is that he or she helped support their spouse’s capacity to earn income in some way. There are guidelines that the Social Security Administration follows to ensure that the non-qualifying spouse fulfills the requirements. Upon applying for qualification to receive from a spouse’s social security benefits, the non-qualifying spouse must not have remarried and be over 62 years old. The length of the marriage must not be less than ten years. Also, a qualifying spouse who is at least 62 years old and receiving social security or a couple who has been divorced for more than two years enable early filing of application.

As a non-qualifying spouse, you might be worried that your former spouse might not support you receiving social security benefits. On the other hand, the qualifying spouse might be worried about a decrease in their social security benefits. The fact is that social security guidelines regarding these types of benefits do not work that way. The qualifying spouse’s benefits will not be affected by the non-qualifying spouse’s receiving of benefits. This means that given the reality of having separate or individual financial circumstances after divorce, you and your former spouse can still benefit from a secure retirement.

It is important that you understand what your rights are to social security benefits post-divorce. Our attorneys will help you understand the process while working with you to put you on the right track for your post-divorce life. Get started today by scheduling your consultation.

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