Is Your Spouse Entitled to Your Social Security Retirement Benefits?

Social Security will provide your retirement benefits to your spouse, ex-spouse or surviving spouse in certain circumstances. Here is a breakdown of the circumstances where the spouse would be eligible to collect Social Security benefits:

• If the marriage lasted 10 years your spouse would be entitled to your Social Security benefits
• You must be at full retirement age for your spouse to collect
• Your spouse must have filed for Social Security Benefits for themselves

Social Security will automatically pay your spouse a larger benefit if he/she could receive more based on their own earnings. Your spouse can also elect to take your benefits first before taking their own.

Social Security Benefits for an Ex-Spouse; Elder Law Attorneys Cohen and Oalican, LLC.

Your ex-spouse is entitled to half of your retirement benefits as long as you were married for over 10 years. An ex-spouse can receive benefits before you have even applied for Social Security benefits, unlike your current spouse.

Social Security Benefits of a Surviving Spouse

Your spouse is entitled to your full benefits if they are at full retirement age. Even if you were divorced before you deceased your spouse is still entitled your retirement benefits if you were married for more than 10 years. If your spouse is over 60 but below retirement age, they will receive a reduced amount. If they are under 60 they will only be able to receive benefits for special circumstances such as caring for a disabled child or if they are disabled themselves.

Attorneys Cohen & Oalican specialize in Elder Law; where protecting your assets and your dignity is their core mission.