Hi suzygirl,
Thank you for your question.
Question: How does a divorced spouse qualify for benefits?
http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_faqid=299&p_created=959268213&p_sid=JghYFpkh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9ODYmcF9zZWFyY2hfdHlwZT1zZWFyY2hfbmwmcF9jYXRfbHZsMT0mcF9jYXRfbHZsMj0mcF9wYWdlPTEmcF9zZWFyY2hfdGV4dD1kaXZvcmNlIHNwb3VzZQ**&p_li=
Answer
Following are the eligibility requirements for divorced spouse's benefits:
"DIVORCED SPOUSE: A person who is divorced after at least 10 years of
marriage may qualify for benefits on the former spouse's Social
Security record. To receive benefits as a divorced spouse, the person
must be at least age 62 and his/her former spouse must be entitled to
retirement or disability benefits. To receive benefits as a surviving
divorced spouse, the person must be at least age 60, or at least age
50 and disabled.
A divorced spouse's or surviving divorced spouse's benefits are
subject to deductions because of his or her own work. The benefits are
also subject to deductions because of the worker's work unless the
couple has been divorced for at least 2 years, or the worker was
entitled to benefits in the month before the month of divorce.
INDEPENDENTLY DIVORCED SPOUSE: Independently divorced spouse's
benefits may be payable based on a former spouse's Social Security
record if the former spouse is eligible for retirement benefits but
has not applied for them.The person applying as an independently
entitled divorced spouse must be at least age 62. The divorced wife or
husband also must have been married to the former spouse for at least
10 years and divorced from the worker for at least 2 years.
REMARRIAGE
Benefits cannot be paid to a person applying as a worker's divorced
spouse if the person has remarried, unless the latter marriage ends
(whether by death, divorce, or annulment). Benefits for an entitled
divorced spouse are terminated upon remarriage unless the marriage is
to a person entitled to certain types of Social Security auxiliary or
survivor's benefits. Benefits can be paid to a person applying as a
surviving divorced spouse who has remarried if:
--He/she remarries at age 60 or later; or
--He/she remarries at age 50 and after becoming disabled.
(If a person is already entitled to benefits as an aged or disabled
surviving divorced spouse and remarries, benefits continue regardless
of the person's age at the time of remarriage.)
A divorced spouse or surviving divorced spouse who is entitled to
benefits other than those on their former spouse's record cannot
receive both benefits in full. For example, if a divorced spouse
worked under Social Security and is entitled to higher benefits based
on their own earnings, they would receive benefits based on their
record only. Also, the benefits paid to a divorced spouse will have no
effect on the benefit amount paid to other beneficiaries on the
record.
NOTE: The provisions for a divorced spouse's or surviving divorced
spouse's eligibility to Social Security benefits are set forth by
Congress and contained in the Social Security Act and Regulations.
If you would like to receive an estimate of benefits you may receive
as a divorced spouse or surviving divorced spouse, you may contact our
representatives at our toll-free number, 1-800-772-1213. They may be
able to provide you with this information over the telephone. If you
prefer, you may visit one of our offices. You can get the address and
directions to your nearest office from the Social Security Office
Locator that is available on the Internet at:
http://www.socialsecurity.gov/locator/."
*****
General Divorced Spouse Questions and Answers:
http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_alp.php?p_sid=JghYFpkh&p_lva=&p_li=&p_page=1&p_cat_lvl1=&p_cat_lvl2=&p_search_text=divorce+spouse&p_new_search=1&p_search_type=search_nl
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How To Contact Social Security
http://www.ssa.gov/reach.htm
By phone:
Social Security has a toll-free number that operates from 7AM to 7PM,
Monday to Friday: 1-800-772-1213 If you have a touch-tone phone,
recorded information and services are available 24 hours a day,
including weekends and holidays. People who are deaf or hard of
hearing may call our toll-free TTY number, 1-800-325-0778, between 7
a.m. and 7 p.m. on Monday through Friday. Please have your Social
Security number handy when you call us.
How to Find A local Office
If you have a problem or question, you should first try our 800 phone
number. If you need to contact a local office, you can find your
office by using our Social Security Office Locator or visiting one of
our Regional Home Pages. See also a list of Federal Holidays for
office closing information.
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Frequently Asked Questions
http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/entry.php
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Best regards,
tlspiegel |
