If you are hoping to qualify for social security benefits on an ex-spouse's earning record, then the marriage must have lasted at least 10 years. Both former spouses in the marriage must be at least 62 years old to qualify, and the claimant must remain unmarried to collect benefits on an ex. Also, the Social Security Administration requires that the divorce must have been finalized for at least two years before the ex-spouse can start benefiting from his or her ex's social security.
There is an exception to this rule. If an ex-spouse is already collecting Social Security, than the other spouse can typically start collecting once he or she reaches the retirement age of 66. At that point, the ex-spouse has the right to claim spousal benefits under the ex's record. Spouses can also delay the benefits if they desire to work longer and see fit to do so.
If you are presently involved in a divorce and are concerned about how this will affect your length of marriage, then you need to talk with a skilled attorney today. With the right lawyer on your side, you will be able to carefully determine how you want to go about collecting Social Security. This can be a serious determination in when you divorce. At Claery & Green, we understand the implications of Social Security may be important to you. We will do all that we can to help you determine how you should handle social security benefits. Call us today to set up a free case evaluation and start exploring your divorce options!