A Texas divorce has far-reaching financial implications. If you were in a marriage with someone who receives Social Security benefits, you might wonder if you are eligible for a portion of his or her benefits after the divorce.
In some cases, you may be able to claim benefits using your former spouse’s work history.
Marriage length
To be eligible for Social Security benefits based on your former spouse’s record, the duration of your marriage matters. Generally, your marriage must have lasted at least ten years to qualify. This requirement is in place to help ensure that the divorced spouse seeking benefits had a substantial and meaningful connection to the former spouse’s work history.
Current marital status
Another important factor is your current marital status. If you remarried, you may not be eligible to claim benefits based on your former spouse’s record, unless your current marriage ends through death, divorce or annulment. If you are single or your current marriage ends, you may then be eligible to claim benefits from your former spouse.
Age
The age at which you seek benefits also plays a role in eligibility. If you divorced your one-time partner and he or she is still living, you must be at least 62 years old to claim Social Security benefits based on his or her record. If you apply before reaching full retirement age, you may see a reduction in the amount you receive.
An estimated 30% of Americans do not know that claiming Social Security using an ex-husband or ex-wife’s work history may be possible. Understanding whether you are eligible to do so helps you make informed decisions about your financial future.