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Ex Spouse Benefits

If you are divorced, even if you have remarried, your ex-spouse may qualify for benefits on your record.

There are certain requirements your ex-spouse must meet to qualify on your earnings record. He or she must:

  • have been married to you for at least 10 years;
  • be at least 62 years old;
  • be unmarried; and
  • not be eligible for an equal or higher benefit on his or her own Social Security record, or on someone else's Social Security record.

In addition, your ex-spouse must be entitled to receive his or her own retirement or disability benefit. If ex-spouse is eligible for a benefit, but has not yet applied for it, he or she can still receive a benefit if he or she meets the eligibility requirements above and has been divorced from you, the former spouse, for at least two years.

In general, the Social Security Administration will not pay benefits to the ex-spouse if he or she remarries someone other than the former spouse, unless the later marriage ends through death, divorce, or annulment.

It is important for you to know that the amount of benefits owed to your divorced does not affect on the amount of benefits you or your current spouse may receive.

However, if your current spouse receives a pension from a government job in which he or she did not pay Social Security taxes, some or all of his or her Social Security spouse's benefit may be offset due to receipt of that pension. This offset is referred to as the Government Pension Offset, or GPO. The GPO will lower the amount of his or her Social Security spouse's benefits by two-thirds of the amount of the government pension. To learn more about Ex-Spouse Benefits and how they may affect your social security disability claim, contact us today.