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Collecting social security benefits after a divorce

On Behalf of | Jun 8, 2023 | Family Law |

A divorce in Oklahoma can change your financial, as well as emotional, perspective. You may have devoted a large part of your life to a marriage. After your divorce, you may still be entitled to a portion of your spouse’s Social Security benefits. The amount you can receive will be subject to a number of key conditions.

Qualifying conditions

You may be able to collect Social Security benefits after your divorce if you meet the following conditions:

  • At least 62 years old
  • Not currently married
  • Your former spouse was entitled to receive Social Security benefits
  • You were married for at least 10 years before your divorce
  • You are not currently eligible for higher disability or retirement benefits

Notifying your spouse

Contrary to popular belief, there is no need for you to contact your former spouse when you file your claim. You will only need to provide proof that you were married. Your former spouse doesn’t have to currently be collecting benefits, and their total payout will not change.

Benefit amounts

The total amount that you can receive will depend on your age. If you apply at the age of retirement, you can expect to get half of your former spouse’s retirement or disability benefit amount. Should you decide to file at an earlier age, the amount of your benefit will be reduced. If you were born before January 2, 1954, you can choose to delay your own benefits and receive your former spouse’s instead.