DIVORCE LAW

My Husband And I Are Divorcing. Will I Continue To Receive Social Security Based On His Record?

Donald Morris, CDFA®

March 15, 2018

Q: My Husband And I Are Divorcing. Will I Continue To Receive Social Security Based On His Record?

A: Yes. If you already receive Social Security based on his earnings record, you’ll continue to receive it as long as you live (or in some cases, until you remarry). If you don’t receive Social Security yet, you can apply for a reduced benefit when you turn 62 or wait until your full retirement age if you want to receive an unreduced spousal retirement benefit. If you’ve been divorced for more than two years, you can apply as soon as your ex-husband becomes eligible for benefits, even if he hasn’t started receiving them (assuming you’re at least 62). However, if you’ve been divorced for less than two years, you must wait to apply for benefits based on your ex-husband’s earnings record until he starts receiving his own benefits.

Disclaimer: This information, developed by an independent third party, has been obtained from sources considered to be reliable. A Better Divorce Solution does not guarantee that the foregoing material is accurate or complete.

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Don Morris is NOT AN ATTORNEY AND DOES NOT PROVIDE LEGAL ADVICE. All information he provides should not be construed or relied upon as legal or tax advice. Individuals seeking legal or tax advice should solicit the counsel of competent legal or tax professionals knowledgeable about the divorce laws in their own geographical areas