When someone retires, usually around the age of 65, they are no longer working but they still need an income to maintain their standard of living. The Social Security program aims to protect American citizens from economic instability because of retirement, disability, or death. You may be eligible to collect Social Security checks once you reach a certain age, become disabled, or are the beneficiary of someone who died. If you are married you can receive Social Security benefits using your spouse’s income. But what about if you are divorced? Certain people will be able to collect Social Security through their ex. Keep in mind that your ex does not have to pay you, the government will pay you based on the income that your ex made. For more information and to acquire legal counsel reach out to an experienced Farmington Hills divorce lawyer.
Am I Eligible to Collect Social Security From My Ex?
Not every divorced spouse has the right to collect Social Security benefits through their ex. To be considered eligible for Social Security checks this way your ex must be entitled to Social Security retirement and disability benefits.
To qualify for applying you must:
- Have been married to your ex for at least 10 years
- Be unmarried (or remarried but the relationship ended in divorce, an annulment, or death)
- Be 62 years old or older
Should I Apply to Receive Social Security Through My Ex?
Just because you meet the above criteria for receiving Social Security income through your ex-spouse does not mean you should. It does not negatively impact your ex in any way, but it might not be the best move for you.
You should calculate the amount of money you would receive via Social Security based on your earning record. Keep that number in mind, then calculate the amount your ex will receive and multiply it by 50%. If your ex made significantly more money than you, then fifty percent of their retirement income may be more money than 100% of your own. However, it may be less than what you would receive and therefore not in your best interest.
How Can I Apply?
The application process is very simple. You can go online, call on the phone, or go in person to the Social Security office nearest to you. You will be asked to provide some information about your relationship and your ex-spouse to confirm who you are and whether or not you are eligible.
You will probably be asked for your personal information, your ex’s name and date of birth, when you got married, when you got divorced, and details about the relationship.
You do not have to contact your ex at all or get their permission. If you choose to receive Social Security benefits through their name it does not affect them or their current spouse in any way. They will continue to receive the same amount of Social Security regardless of your choice.