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I Am Recently Retired In Florida And Want To Claim My Social Security Benefits. What Are The Rules About Divorce And Claiming My Ex-Spouse’s Benefits?

You may be able to claim your ex-spouse’s Social Security benefits, depending upon the situation.
There are a few criteria that must be met in order to receive those benefits. First, you must be unmarried. You must be over the age of 62. Your ex must be entitled to Social Security retirement or disability benefits. Finally, if you are able to receive Social Security benefits on your own, they must be less than the benefits you would receive based on your ex-spouse.
Typically, as a divorced ex-spouse, you are entitled to half of your former spouse’s full retirement amount if you started receiving benefits at your full retirement age.
If your ex has not yet applied for retirement benefits, but does qualify for them, you can receive benefits on his or her record, as long as you have been divorced at least two years.
Some people choose to continue working while receiving Social Security benefits. This is allowed, but there are limits on how much you can earn while you are collecting your benefits.
If you remarry, you can no longer collect benefits on your former spouse’s Social Security record unless that new marriage ends, either through divorce or death. In some cases, your ex may have passed away after your divorce. In that situation, survivor benefits may be available.
If the divorce was not a friendly one, you may hope that by applying for benefits on your ex’s work record that you will take away some of his or her benefits. That is not the case – the amount of benefits you receive has no effect on the amount of Social Security your ex receives.
Social Security benefits and divorce can be a complex issue, depending on the situation. You may want to talk to a financial planner who specializes in Social Security.
If you have any questions about divorce 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. Call today to learn more.

The post I Am Recently Retired In Florida And Want To Claim My Social Security Benefits. What Are The Rules About Divorce And Claiming My Ex-Spouse’s Benefits? appeared first on Divorce Lawyer New Port Richey - Divorce/Family Law Pasco County.


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