In some cases, if a spouse hasn’t worked long enough to claim their own benefits or if their spouse is entitled to greater benefits, they may want to claim their spouse’s Social Security benefits. However, if a couple divorces, this may not always be possible. In some situations, however, there are exceptions.
The determining factor determining if someone is going to be able to claim spousal or survivor’s Social Security benefits is usually the length of the marriage. If a marriage lasted at least 10 years, individuals should still be able to collect spousal benefits. However, if someone is caring for a child under the age of 16 or a child with a disability, they may still collect survivor’s benefits if the marriage did not last a decade.
In most cases, an ex-spouse’s benefits may not be claimed if an individual remarries because they will be able to collect based on their current spouse’s Social Security. However, if someone remarries after the age of 60, they may be able to collect both their former and current spouses Social Security benefits.
There is a variety of issues that someone going through a divorce will face, and how these matters are determined may have long-term effects on their financial situation. In addition to the level of Social Security benefits someone may be able to claim, divorce also involves the division of a couple’s property and may require an individual to pay child or spousal support. A lawyer could explain exactly what is involved in getting a divorce and help someone negotiate an equitable outcome.