Can I claim spousal benefits if I’m divorced?

This topic is very common and will often fall into question. We’ll take a look at the answer to this frequently asked question and discuss the details and situations that this applies to, as well as how to qualify. This information is very useful when planning retirement and other very important aspects of your financial future with your financial advisor.

The answer to this question is yes, but there are certain conditions that need to be met for this to be true. You qualify for your former spouses benefits if both your and your former spouse are age 62 or older. For the opportunity to claim, you and your spouse must have been married for at least ten years. In addition, you must have been divorced for at least two years in most cases. This rule does not apply, however if your former spouse was eligible for, and claiming retirement benefits from before you were divorced. If this was not the case, you will be eligible to claim their benefits once your former spouse reaches the age of full retirement and is eligible to start collecting their retirement benefits. Note, that they do not have to actually claim their benefits for you to be eligible, as long as they qualify to start collecting then you are eligible to start collecting your spousal benefits.

If you are collecting benefits from your former spouse’s work and later remarry another party then you will lose your right to these benefits. You may qualify to claim dependant benefits from your new spouse’s work. In the case that you divorce your new spouse, as long as you remained married to them for ten years, you can either claim from your first, or second spouse.




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