The short answer is "Maybe." According to the Social Security
Administration, you are eligible to receive benefits on your ex-spouse's
retirement benefits if you meet the required conditions. The first prerequisite
is that you must have been married for at least 10 years. You must also
be at least 62 years old and unmarried. Finally, you must not be entitled
to a higher benefit than your ex-spouse.
Likewise there are conditions for your ex-spouse. He or she must be eligible
to receive retirement benefits – whether they have been applied
for or not. Please note, however; that if the benefits had not been applied
for, the divorce must be at least two years old. Should you ex-spouse
die, you would still be eligible if you are at least 60 years old or if
you are at least 50 and disabled.
What If My Spouse Remarries?
If your spouse remarries, this will not affect your eligibility. If you
remarry, you typically cannot collect benefits on your former spouse unless
your later marriage ends - whether in death, annulment, or divorce. The
Social Security Administration website has many tools to determine full retirement age and the benefits and penalties
of retiring early or later.
If you have further questions, we at Jones Law Firm, PC are prepared to
assist you. Our Denver
family law attorneys share many years of experience and can help you navigate this
complex legal area.
Get in touch with us today to find out more!