SSD 101: Divorce and Survivor Benefits

The Law Offices of Joseph A. Romano, P.C. on Thursday, October 26, 2017.

Thanks for reading our  SSD 101 series! Here we explain the basics of SSD to help you understand the basics for your case. Be sure to check out our other articles on SSD topics such as 8 Frequently Asked Questions and a Timeline of Your CaseIf you have specific SSD questions be sure to contact us! 

Plus - Check out our WC 101 series where we tackle Schedule Loss of Use and more!Divorce and Social Security Disability

If you are divorced, your ex-spouse may qualify for benefits on your earnings. In some situations, he or she may get benefits even if you are not receiving them. To qualify, a divorced spouse must:
 Have been married to you for at least 10 years;
 Have been divorced at least two years;
 Be at least 62 years old;
 Be unmarried; and
 Not be eligible for an equal or higher benefit based on his or her own work or someone else’s work.

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If you are divorced, your ex-spouse may be eligible for survivors benefits based on your
earnings when you die. He or she must:
 Be at least age 60 years old (or 50 if disabled) and have been married to you for at least 10 years; or
 Be any age if he or she is caring for a child who is eligible for benefits based on your earnings; and
 Not be eligible for an equal or higher benefit based on his or her own work; and
 Not be currently married, unless the remarriage occurred after age 60 or after age 50 if disabled.
Benefits paid to an ex-spouse will not affect the benefit rates for other survivors receiving benefits on your earnings record.
NOTE: If you are deceased and your ex-spouse remarries after age 60, he or she may be eligible for Social Security benefits based both on your work and the new spouse’s work, whichever is higher.

**This information is based on New York State. Each state may be different. This blog post is for informational purposes. Your specific circumstances may vary from the information provided. Every case is different. Prior results do not guarantee future outcomes. The contents contained in this post do not establish an attorney-client relationship. Please contact us before sending confidential or time-sensitive material**

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