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Can I Collect Social Security Through My Ex?

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If you are a United States citizen you have a Social Security number, which is a 9 digit number that serves as an official identification. You will probably work and pay taxes throughout your adult life. Once you get to a certain age you can retire, but you will still need an income to afford housing, food, and more. The United States Social Security system offers benefits including income to retired citizens. Monthly income checks will be calculated based on your earning record throughout your life. Some spouses can receive Social Security benefits based on their partner’s income if it was higher than their own. This can include divorced couples. For more information on how you can collect Social Security benefits through your ex, continue reading and reach out to a Union County divorce attorney with further questions.

What is Social Security?

Social Security is a program that was created with the intention of helping protect American citizens from major economic losses after major life events. It offers numerous benefits including income for citizens who have retired, are disabled, or are the survivors and dependents of qualifying citizens.

The benefits and amount of income you will be awarded depend on the amount of money you made throughout your working life. Generally, the more money you made while in the workforce, the more money you will receive in monthly Social Security checks.

Who is Eligible to Collect Social Security Through an Ex?

A person may wish to use their spouse or ex spouse to collect Social Security if they had a higher income. But are divorced couples really allowed to apply for Social Security income using each other’s names? The answer is yes, under certain circumstances an ex-spouse may receive their former partner’s Social Security. To be eligible to collect Social Security through your ex the following must apply to your relationship.

  • Your marriage must have lasted for at least 10 years
  • You must be unmarried
  • You must be 62 years of age or older

If you got remarried at some point but that marriage is over now because of a divorce, annulment, or death, you are still considered unmarried and qualify.

How Can I Receive Social Security Via My Ex?

Once you have determined that you are eligible, you must apply to receive Social Security via your ex-spouse. The process is generally simple and can take as little as 10 to 20 minutes if you come prepared. You will need proper documentation and relevant information to complete the process. You can apply online, over the phone, or at a Social Security office in person. They will likely ask you to provide the following information:

  • The name and date of birth of your ex
  • The date you were married and details of the marriage/relationship
  • When you got divorced and the details of your divorce

It is important to note that doing this does not have an affect on the other spouse and you do not have to get their permission to apply. They will still receive the full extent of their benefits regardless of whether you receive benefits through your own income or theirs.

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Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

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“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

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“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

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“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

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