Can I Collect under My Ex Spouse’s Social Security?

Answer: This is a general explanation of the social security benefits that you, as a divorced person, may be entitled to receive based upon your former spouse’s social security work record.

While there are some additional conditions and exceptions (always check with your local social security office), you can collect benefits under your ex’s social security record if:

  • You are 62 or older; you were married to your former spouse for a minimum of ten years; and your former spouse has achieved entitlement to receive his or her own benefits, even if they wait until they are older before actually claiming them.
  • When the time comes that you are eligible to receive benefits based upon your own social security work record, you have the option of receiving the full amount due that is due to you(based on your record), or receiving the amount that is due to you under your former spouse’s work record, whichever benefit is greater.

Your former spouse always receives his or her FULL social security benefit even when you opt to receive your benefits under their work record.

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Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 60 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.