My Legal | Divorce & Social Security Benefits

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Were you an at-home spouse during your marriage and are now getting divorced? You may have had employment throughout the marriage; however, your spouse earned more income than you. Being out of the work force affects your social security retirement benefits.  If your spouse was the breadwinner and your marriage lasted 10 years or longer, you can calculate your benefits based on your ex’s work record, even if they have remarried.

To qualify, you must be unmarried; age 62 or older; and the benefits you are eligible to receive on your work record are less than the benefits you would receive under your ex’s work record.

You may also eligible to receive benefits through your ex’s record even if you have remarried another, but only if your later marriage has ended. If your ex has died, you may also be eligible for survivor’s benefits

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