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Social Security After Divorce

Social Security After Divorce

Is it Ok to get your ex’s Social Security?

This question has been popping up on social media lately and at first it seems absurd that someone who is divorced may want to collect on their ex’s Social Security. But, what if you were married for 10, 20, 30 or more years? This situation does pop up after divorce.

Although we don’t claim to be the judge of whether this is “ok” or not, we can tell you if it is legal. And, YES, it is legal in certain situations, with some rules, as long as you were married for 10 or more years and have been divorced for more than 2 years.

First, you’ll need to know that you cannot claim on your ex’s Social Security and your own. You have to pick one. You can apply for both benefits, but the Social Security Administration will provide you with the benefit that is higher. And, this all becomes null and void if you’ve remarried. If you’re not remarried, but have been divorced more than once, you can only claim on the most recent spouse’s benefits.

Claiming on your ex-spouse’s benefits does not affect their ability to claim, so you won’t affect them in any way. You just have to both be over the age of 62 and eligible to collect benefits.

This is one of those unique “after-divorce” situations that we’re happy to help you with here at Sommer & O’Donnell. We can help with the legal advice and if you need further financial consultation, you’ll want to reach out to your financial advisor.

*This article is not to be used as legal advice and it’s important to always consult with an attorney regarding your individual situation.