Baltimore Social Security Disability Lawyers: Benefits From an Ex-SpouseJanuary 30, 2017
If you are divorced and planning for your retirement, you may have questions about what benefits you are entitled to receive, including Social Security or disability benefits from your ex-spouse. The following will provide an overview of what you need to know when planning for your financial future.
If you were married to your ex-spouse for at least 10 years, you may be entitled to his or her benefits even if your former spouse has remarried. The following provisions must also be true:
- You have not remarried
- You are at least 62-years-old
- Your former spouse is entitled to Social Security retirement or disability benefits
- The benefit to which you are entitled, based on your salary, is less than the benefit you would receive based on your former spouse’s salary
- If you have reached full retirement age, your benefit is equal to one-half of your ex-spouse’s full retirement or disability benefit payment. This does not include delayed retirement credits.
Helpful Facts When Planning Your Financial Future
When planning for your retirement as a divorced spouse, there are several factors you should be aware of as you move forward. Before making any assumptions about what you may or may not be entitled to, consider the following:
- In most cases, if you remarry, you may not collect an ex-spouse’s benefits unless the new marriage ends due to divorce, death, or annulment.
- If your ex-spouse qualifies for retirement benefits, but has not yet applied for them, you may be eligible to receive a share of his or her benefits, provided you have been divorced for a minimum of two years.
- If you are eligible to receive retirement benefits on your own behalf, as well as your ex-spouse’s, you will receive benefits from your retirement plan first.
- If you continue to work while receiving benefits, you may receive a higher benefit in the future.
- Depending on the year you were born, you may or may not be able to delay receiving a divorced spouse’s benefits. If you were born before January 2, 1954, you may choose to delay receiving an ex-spouse’s benefits until you have reached full retirement age. If you were born after this date, you do not have this option.
Maryland Social Security Disability Lawyers at LeViness, Tolzman & Hamilton Assist Divorced Clients in Securing Benefits for Retirement
If you are divorced and have questions, including whether you are eligible to receive Social Security Disability benefits from your former spouse, contact the Maryland Social Security Disability lawyers at LeViness, Tolzman & Hamilton at your earliest convenience. We will ensure that you receive the benefits to which you are entitled and address any specific concerns that you may have. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to assist clients throughout Maryland, including those in Anne Arundel County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Parkville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.