Divorce And Social Security Benefits

Schreier HousewirthFor some of us, divorce occurs later in life when retirement and other quality of life issues assume greater importance.  The Social Security Administration has published the following rules to review if you believe you have a claim to your ex-spouses social security benefits.

If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if:

  • Your marriage lasted 10 years or longer;
  • Your ex-spouse is unmarried;
  • Your ex-spouse is age 62 or older;
  • The benefit that your ex-spouse is entitled to receive based on his or her own work is less than the benefit he or she would receive based on your work; and
  • You are entitled to Social Security retirement or disability benefits.

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

At Schreier and Housewirth Family Law, we’ve helped Dallas divorce and Fort Worth child custody clients for 25 years.  Our Dallas divorce lawyers understand what you are going through and can protect you and your children so you can go on to the life you deserve.