Rights to Social securty benefits of on ex-spouse
I was married for 19 years, been divorced for 9, and my ex-husband is now receiving social security at age 52, due to health problems. At what point am I entitled to my share of his social security?
1 Answer from Attorneys
Verify With Local Attorney
Because marital relationship is based on state laws, please contact a local attorney. Social Security Regulations define a marriage based on the laws of the state you were married in. In order to be entitled to divorced wife's benefits, the insured (your ex-husband) has to be at least 62 years old AND (1) you are the insured's divorce wife, and (2) you were validly married to him under state law, and (3) you & your ex were married for at least 10 yr immediately before your divorce became final; and (3) you apply for benefits, and (4) You are not currently married, and (5) you are age 62 or older, and (6) you are not entitled to old-age or disability benefit, and (7) you have been divorced from him for at least 2 years.