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How Can a Divorced Spouse Obtain Social Security on Behalf of Their Ex?

Regardless of your marital status, there are circumstances that entitle you to obtain Social Security benefits in Indiana by way of the work records of your spouse. If you are divorced and you took time off of work to take care of your children and your home, you would not be accruing work benefits for the effort and sacrifice you put forth for your family. When you get divorced, this can greatly affect you as you near retirement age. This is where flexibility in claiming Social Security benefits on behalf of your partner comes in handy.

If you are divorced or you are thinking of getting an Indiana divorce, you should speak with a skilled and resourceful Indiana divorce attorney. When you meet with a Danville divorce attorney, you can discuss your unique situation as well as learn more about all the options and benefits you have available to you once your divorce is finalized. When two parties decide to part ways, one of the most important and biggest issues that arise is with regards to money and finances. Christopher L. Arrington is an Indiana divorce lawyer who will work with you and represent your best interests so that you see the best outcome possible for your case.

How Can You Qualify for Social Security Benefits Through Your Spouse’s Work History?

You can either use your own work history or that of your spouse’s to obtain Social Security benefits. The one you use will be the one that will yield the highest payout amounts. If you had remained married, then the process to collect Social Security benefits off of your spouse’s employment background would be easier than if you have been divorced. Although, even when divorced, you may still be able to collect your SS benefits through your spouse if your spouse’s work history produces a higher benefit amount than your own. 

If you have no work history, you are not precluded from SS benefits off of your spouse’s work records. There are certain requirements that must be met to collect SS off of your spouse:

  • You will have had to have been married for a minimum of 10 years consecutively
  • You are aged 62 or older
  • Your spouse or ex-spouse can lawfully receive SS
  • If you are divorced from your ex who you are getting your SS benefits, you must not have remarried

If you are divorced and you have met the requirements for SS benefits, to get these benefits through your ex-spouse, you must never remarry. Getting married to someone else will invalidate your ability to use your ex’s work history for benefits. Now, your ex-spouse may remarry and that will not affect you. Even if your ex-spouse remarries, and their new partner is collecting SS benefits from the work records of your ex, this still will not compromise your ability for getting your benefits from the time you and your ex were married.

Meet With an Indiana Divorce Attorney Today

Collecting government benefits can be complex and a tricky ordeal at times. Divorce can change the parameters of what you are entitled to and how you can obtain the benefits that you may need. Christopher L. Arrington is an Indiana family law attorney who is up to date on all the Indiana family laws and divorce laws that affect you. Christopher L. Arrington can provide you valuable information that you need to make the best choices with regard to your family and your life after your divorce. Call Christopher L. Arrington today to schedule your free consultation at (317) 745-4494.

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