Skip to content
  • Call 24/7 (602) 910-4068
Contact Us
  • 24/7

(602) 932-3187

estate planning law firm
  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
    • Client Testimonials
  • PROTECT MY FAMILY
    • Estate Planning
    • Wills and Trusts
    • Power of Attorney
    • Deeds & Real Estate Transfers
  • Specialized Planning
    • Minor Children
    • Special Needs Trusts
    • Asset Protection Planning
    • Irrevocable Trusts
  • Elder Care
    • Long term Care
    • Medicaid (ALTCS)
    • Guardianship
  • Probate
    • Do I Need Probate?
    • Avoiding Probate
    • Trust Administration
  • Business Planning
    • Business Formations
    • Business Succession Planning
    • Operating Agreements
    • Employment Agreements
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations
  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
    • Client Testimonials
  • PROTECT MY FAMILY
    • Estate Planning
    • Wills and Trusts
    • Power of Attorney
    • Deeds & Real Estate Transfers
  • Specialized Planning
    • Minor Children
    • Special Needs Trusts
    • Asset Protection Planning
    • Irrevocable Trusts
  • Elder Care
    • Long term Care
    • Medicaid (ALTCS)
    • Guardianship
  • Probate
    • Do I Need Probate?
    • Avoiding Probate
    • Trust Administration
  • Business Planning
    • Business Formations
    • Business Succession Planning
    • Operating Agreements
    • Employment Agreements
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations

Can I Get Social Security from My Ex?

Serving Clients in the Gilbert, Arizona Area

Social security from ex
  • August 7, 2020
  • Asset Protection, Charitable Planning, Estate Administration, Estate Planning, Estate Tax, Power of Attorney, Probate, Wills & Trusts
Gilbert Arizona estate planning attorney

BY: Jake Carlson

Jake Carlson is an estate planning attorney, recognized business leader, inspiring presenter, and popular podcast host. He is personable and connects immediately with others. A natural storyteller, he loves listening to your story and exploring what matters most to you.

Get To Know Jake
Please Share!
Facebook
Twitter
LinkedIn
Email
I am now 60 and understand I can’t apply for Social Security for another two years. What of my ex or I remarry? I was a stay-at-home mom most of our marriage of 27 years. My benefits will be much smaller than his.
  • Scroll Down to Read Article

Nj.com recently published an article entitled “I’m divorced. Can I get Social Security from my ex-husband?”. The article says you have a number of options for receiving Social Security benefits, based on your ex-husband’s earnings records.

This is true, even if he remarries. An ex-spouse can claim benefits on his record, as long as he or she satisfies certain criteria.

The Social Security Administration explains that you can apply for benefits on your former spouse’s record, even if he or she hasn’t retired, provided you divorced at least two years before applying.

However, if you delay until your full retirement age to apply as a divorced spouse, your benefit will be equal to half of your ex-spouse’s full retirement amount or disability benefit.

The same rules apply for a deceased former spouse.

First, the marriage must have lasted 10 years or longer.

You must also be unmarried at the time you claim benefits and be 62 or older.

Another criterion is that the benefit you would receive based on your own employment record must be less than the benefit you’d receive based on your ex-spouse’s work record.

Last, your ex must be entitled to Social Security retirement or disability benefits for you to file.

If you qualify, you can receive up to 50% of your ex-spouse’s retirement benefit amount.

The amount of benefits you receive doesn’t have an impact on the benefits of your ex-spouse and his or her current spouse.

If you’re receiving a divorced spouse’s benefits, your benefits generally will cease, if you get remarried.

However, you may be able to receive benefits based on your new spouse’s work record or your own.

You should speak with the Social Security Administration about your options, since the agency can access your records to discuss your specific situation.

Reference: nj.com (June 30, 2020) “I’m divorced. Can I get Social Security from my ex-husband?”

PrevPreviousYou Need a Custom Estate Plan
NextShould I Create an LLC for Estate Planning?Next
Subscribe!

Recent Posts
  • Who Should I Choose to Be a Guardian for Minor Child?
  • What Is the Best Way to Pass on My House?
  • Gene Hackman and Betsy Arakawa Relied on Trusts in Estate Plans
  • Can Estate Planning Strategies Protect Cryptocurrency?
  • How to Claim Missing Property or Money
Categories
  • Advanced Directives
  • ALTCs
  • Alzheimer's Disease
  • Asset Protection
  • Business Formations
  • Business Succession
  • Charitable Planning
  • Dementia
  • Elder Law
  • Estate Administration
  • Estate Planning
  • Estate Tax
  • Guardianship
  • Life Insurance
  • Medicaid
  • Medicare
  • News
  • Power of Attorney
  • Probate
  • Retirement
  • Social Security
  • Special Needs
  • Trust Administration
  • Uncategorized
  • Wills & Trusts

Contact Us

All fields marked with an “ * ” are required

estate planning law firm
Facebook-f Twitter Linkedin-in Youtube Instagram Rss

Our Mesa Office

2500 S Power Road
Bldg 14 Suite 132
Mesa, AZ 85209


Phone Number: (602) 910-4068

Our Gilbert Office

1425 S. Higley Road #106
Gilbert, AZ 85296

Copyright © 2025 – LifePlan Legal AZ. All rights reserved. Some artwork provided under license agreement. Privacy Policy | Disclaimer | Sitemap