Divorcing couples may be surprised to learn that one can file for a spousal or survivor benefit on the record of an ex-spouse. To qualify, you must be single and have been married to your ex for more than 10 years prior to the divorce. Your ex-spouse does not have to be receiving his or her own benefits yet for you to be eligible.
If your ex- is over 62 years of age, and if the divorce was finalized at least two years prior, you can apply if you are not already receiving benefits in an amount greater than that of your ex-spouse.
If you remarry, you will no longer be eligible under this rule. Remember that, once remarried, you cannot file for benefits on your new spouse's income until you have been married at least one year.
Spousal benefits are available to same-sex couples after the landmark 2013 Supreme Court decision which provided protections for same-sex marriages nationwide.
If you are planning your divorce and need legal advice. Please give me a call at 386 257-1222 to set an appointment for a one-hour consultation during which I will answer your questions.