social security disability

How Does Divorce Affect Social Security Benefits?

by Staff | January 9th, 2013

January 9, 2012

With the number of divorces and people filing for Social Security Disability benefits on the rise in recent years, many people who already collect benefits wonder what their eligibility to receive the funding would be if they were to separate from a spouse. CNN Money recently discussed this topic in detail and what you should do if you are currently collecting benefits and get divorced.

According to a spokesperson from the Social Security Administration’s press office, Kia Green Anderson, an individual is eligible to receive Social Security benefits from a divorced spouse if they were both married for more than 10-years and are over the age of 62-years-old. The individual must also remain unmarried and cannot receive benefits that would be higher than their own.

If an individual’s ex-spouse dies, they would be permitted to receive the ex-spouses benefits as long as they are over the age of 60 years old or are at least 50 years old and disabled. Once a person was to reach an age where they could receive their own Social Security benefits, their payments would default to that amount unless the benefits they received from their ex-spouse was greater than their own. In that case, they would receive a combination of both to supplement the difference.

The Social Security Disability Lawyers with Fleschner, Stark, Tanoos & Newlin understand just how complex the Social Security system can be and may be able to help if you are preparing to file a claim or have a claim that was denied in the past.