Social Security Benefits after a Divorce!

If you have questions about consequences to your Social Security benefits, if you are divorced, just know that you don’t need to be married to collect Spousal or Survivor benefits.

This is a summary from AARP and the Social Security website:

• If you are age 62-plus, were married 10 years or more, and are currently unmarried (and you are not entitled to receive a higher benefit based on your own work), you can receive benefits based on your ex’s earnings, even if he or she remarried.
• If you both worked, the lower earner may receive benefits based on the higher earner’s work.
• If you never worked, you can collect benefits on your ex’s work, and your ex is still eligible to collect what he or she has earned over the years.
• If your ex hasn’t yet applied, but qualifies for benefits, you can still receive benefits if you have been divorced for two years.
• You can collect a divorced spouse’s benefits without reducing the amount of your ex’s benefit.
• The longer you wait to collect divorced spousal benefits, up to your full retirement age, the higher your benefit will be. You can start collecting spousal benefit and then switch to your own at age “70+” to maximize your income.

You ex-spouse cannot “cut you off” from Social Security benefits. However there are rules and requirements that must be met.

Every family, every situation brings its own complexity. A divorce can be a complicated matter and that is why you should look for legal advice to ensure all priorities are considered.

The Law Office of D’Lugo & DeFlora prides itself on being able to consistently handle complex legal matters for its clients by combining extensive experience with a devoted work ethic.

Our Osceola County based firm is always prepared to work in a cooperative and amicable manner to obtain the most beneficial and appropriate outcome in a case. The commitment to our clients is to work towards purposeful resolutions and to do so with minimum distress and maximum value. That is extremely important and sensitive in Family Law cases. Call D’Lugo and DeFlora for consultation at 407.870.5551 or find us online at



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