If you’re divorced and looking for a way to supplement your income without having to deal with your former spouse, you can apply for a portion of his or hers social security benefits. If you were married for longer than 10 years, you may be entitled to receive a portion of your former spouse’s social security benefits if you meet the following requirements:
* You are unmarried;
* You are age 62 or older;
* Your former spouse is entitled to Social Security retirement or disability benefits; and
* The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
If you remarry, you generally cannot collect benefits on your former spouse’s benefits unless your later marriage ends by divorce, death or annulment. The benefits that are paid to you do not affect your former spouse’s monthly social security benefits.
Need help with adoption, annulment, collaborative divorce, community property, child custody, child support, divorce, domestic violence, legal separation, litigation, mediation, legal separation, paternity, spousal support, pre-marital and post-marital agreements? Family Law questions go beyond the limits defined in this blog. For more information, call or e-mail the Law Offices of Richard E. Bawden, State Certified Family Law Specialist. The Law Office of Richard E. Bawden serves the Inland Empire including Riverside, San Bernardino, Rancho Cucamonga, Fontana, Redlands, Loma Linda, Mentone, Yucaipa,Beaumont, Banning and Hemet.