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Social Security as a Divorced Survivor

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If you are divorced and your ex-spouse passes away, then you may be entitled to his or her Social Security benefits. According to the Social Security Administration, you will need to prove that you were married to your spouse for 10 years or more in order to receive his or her benefits. Most of the time, a survivor can receive up to 100% of the decedent's remaining benefits that are due.

Survivor's benefits are available to divorce spouses as early as at age 60, despite the fact that a spouse might not be eligible to receive his or her own retirement benefits for several more years. If an individual is disabled, then he or she is permitted to receive the survivor's benefits as early as 50 years of age.

Survivor Benefits & Remarriage

Interestingly enough, remarriage won't affect the ability to receive a survivor's benefits if the spouse marries after the age of 60. Yet if a person marries before 60, then he or she will be automatically ineligible for the survivor's benefits. Attorneys suggest that individuals waiting for survivor's benefits hold off on marriage until they can collect these benefits. If you are receiving divorced spouse's benefits when your ex passes away, you will be automatically switched over to the higher paying survivor benefit. This is because normally a divorced spouse's benefit is only about 50% of the payment, and a survivor's benefit is the full payment.

If you have more questions about Social Security benefits in regards to divorce and survivor's benefits as a divorcee, or if you have encountered difficulties and want information about how to collect benefits that you are rightfully entitled to, a Los Angeles divorce attorney can help you with your case.

Call Claery & Hammond, LLP right away to learn more about how they can help you with your case.


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