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Can I Get Social Security Benefits From My Spouse Even Though We Are Divorced?

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If you are of retirement age and you are divorced, you may be entitled to more Social Security benefits, based on your ex-spouse’s work history and earning record. The amount to which you are entitled will vary based on your spouse’s earnings and work history.
In order to receive this extra Social Security benefit, you and your ex-spouse must both be 62 years old or older. Also, your marriage must have lasted for at least 10 years. If your ex-spouse has not filed for Social Security benefits yet, your divorce must be final for at least two years. If your ex has filed for Social Security benefits already, there is no time limit.
If you have determined that you are eligible for extra Social Security benefits based on your ex-spouse, you may need to know how much you will get in order to help plan for retirement. There are a couple of ways you can find out how much you can get – you can ask your spouse, or you can go to the Social Security Administration near you. Your ex should know or be able to find out how much he or she will receive in benefits during retirement, but many people do not wish to communicate with an ex. In that case, you can visit the Social Security Administration office near you. You will have to be able to produce your marriage and divorce records, and you must know some personal information about your ex in order to access that information.
If you have any questions about how divorce can affect your retirement or social security income in Florida, call Florida divorce attorney Dale Bernstein at 727-478-3250. He works with clients in Pasco, Hernando, Pinellas and Hillsborough Counties in Florida, and will be happy to speak to you about your case. Call today to schedule a consultation.


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