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lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 29965
Experience:  Taxes, Immigration, Labor Relations
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Are divorced spouses eligible to receive benefits from

Customer Question

Are divorced spouses eligible to receive benefits from former spouse?
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Please tell me more, so we can help you best.
Customer: I have been divorced for about seven years and sent in the forms for the reduced spousal benefits in April. I have not received any further information from them. Do these benefits disappear when I turn 65?
JA: Is there anything else important you think the Retirement Accountant should know?
Customer: Not at this moment.
Submitted: 4 months ago.
Category: Social Security
Expert:  lev-tax replied 4 months ago.

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if they have remarried) if:

  • You are unmarried;
  • You are age 62 or older;
  • Your ex-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 record unless your later marriage ends (whether by death, divorce or annulment).

If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on their record if you have been divorced for at least two years.


Customer: replied 4 months ago.
Customer: replied 4 months ago.
Expert:  lev-tax replied 4 months ago.

Your benefit as a divorced spouse is equal to one-half of your ex-spouse's full retirement amount (or disability benefit) if you start receiving benefits at your full retirement age.

Expert:  lev-tax replied 4 months ago.

Your FRA (full retirement age) is between 66 and 67 depending on the year you was born.
If you start benefits before your FRA - they will be reduced.
Let me know if you need any help with determination.