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Birmingham Divorce Lawyer > Blog > Divorce > Am I Entitled To Social Security Payments Based On My Ex-Spouse’s Work?

Am I Entitled To Social Security Payments Based On My Ex-Spouse’s Work?


Going through a divorce there are so many things you likely thought you would have to consider. Hopefully, social security was one of the things that came up. Regardless of whether it was addressed during the divorce, you may be entitled to social security income or disability payments based on your ex-spouse’s work history, provided you meet other criteria. It’s important to make sure that you are aware of all assets that you are entitled to. Talking to an experienced Alabama divorce attorney can help you ensure that you are receiving everything  you are legally entitled to, regardless of where you are in the process of getting divorced.

What are the Eligibility Requirements for a Divorced Spouse to Receive Social Security Payments?

There are a number of criteria that must be met in order to be eligible to receive social security income payments based on your ex-spouse’s work record. First, you must be at least 62 years of age in order to receive social security income. You may qualify for social security disability payments if you are between the ages of 50 and 60. Additionally, your marriage must have lasted at least 10 years. If you also qualify for social security benefits on your own, the amount that you would qualify for using your spouse’s work history must be greater. Finally, it’s important to know that if you remarry you will likely not qualify for these benefits. If you are remarried or are considering remarrying, you may want to talk to an attorney first to make sure you have an accurate understanding of how that marriage will affect your benefit eligibility and retirement plans.

Making a Plan for Retirement

If you are still going through the divorce process, the financial negotiations are a good time to dig into retirement and make sure that you both have a complete and accurate picture of everything that is available and that you are entitled to. This includes looking at 401k benefits, social security benefits, and any life insurance policies or plans. In a professional financial negotiation for a divorce, both parties should leave with an understanding of what their social security income payment and other retirement income should be. Each party can request their social security record from the SSA prior to the negotiations so they are bringing complete and verifiable information to the table. If you will be entitled to more benefits under your spouse’s work record, or vice versa, you or they are entitled to file accordingly.

Talk to an Experienced Alabama Divorce Attorney

If you are considering a divorce in Alabama, or are currently going through the process, it’s important to have an experienced and empathetic advocate on your side. The Birmingham divorce attorneys at Peeples Law are ready to help. We will make sure that you have a thorough and accurate understanding of all available assets and what you are entitled to, so you know you are getting an equitable settlement. Contact Peeples Law today to schedule a consultation.



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