Benefits Eligibility for a Divorced Spouse

Benefits Eligibility for a Divorced Spouse

The Social Security Administration (SSA) provides benefits for individuals who are considered disabled and who have had a sufficient work history. These benefits provide financial assistance for individuals who, because of a disability, are no longer able to work. Under certain circumstances, it is possible for the divorced spouse of an individual granted benefits under the Social Security Disability Insurance (SSDI) program to also receive benefits under their ex-spouse’s work record.

Divorced Spouse

If you are granted SSDI benefits, it is possible that your ex-spouse can also obtain benefits under your work record. This is true even if you have remarried. To be eligible for these benefits, the following must be met:

  1. The marriage between you and your ex-spouse must have lasted for at least 10 years.
  2. Your ex-spouse has not remarried.
  3. Your ex-spouse is at least 62 years of age.
  4. The benefit your ex-spouse is entitled to under his or her own work record must be less than the benefit based on your work record.

The amount of benefit your ex-spouse may obtain is equal to one half of your full disability amount if your ex-spouse first starts receiving benefits at his or her full retirement age. A person’s full retirement age is the age at which the person can first become entitled to full or reduced retirement benefits. It is important to note that this age varies depending on the year the individual was born. For example, a person born in 1937 or earlier has a full retirement age of 65. A person born after 1960 has a full retirement age of 67. The full retirement age for individuals born between 1937 and 1960 depends on the specific year the person was born.

A person may begin receiving benefits at the age of 62, but the amount of benefits will be reduced. The amount of the reduction will decrease each year until the person reaches their full retirement age, at which time he or she will receive full benefits.

In addition to an ex-spouse, other individuals that may be eligible to obtain benefits under your work record include the following:

  1. A spouse.
  2. Children.
  3. Disabled children.
  4. Adult children whose disability occurred before he or she reached the age of 22.

It is important to keep in mind that an ex-spouse receiving benefits under your work record does not have any impact on the amount of benefit amount the above-mentioned family members can receive under your record.

Help with Disability Benefits Claims

If you are no longer able to work, it is possible that you can qualify for SSDI benefits. While these benefits can extend to your family members, under certain circumstances, they can also be obtained by an ex-spouse. For more information about SSDI, you should speak with an experienced disability benefits attorney today. At the Klok Law Firm LLC, we would happy to put our legal knowledge and experience to work for you.

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