If you and your spouse have been married more than ten years, are both over 62, currently collecting Social Security, and the benefit you would receive from your own work history is less than the one you would receive based on your spouse’s work history, you are eligible to receive benefits based on a combination of your and your spouse’s work record.
Another requirement is that you are unmarried, so if you remarry after the divorce, your benefits will change.
Keep in mind that your spouse’s Social Security benefit is unaffected, and because their relative wealth may remain higher, this can impact other elements of the final settlement.
The attorneys at Zelenitz, Shapiro & D’Agostino help people at all stages of life get what they need when a marriage ends.
Call us today at 718-725-9601 and talk to a Brooklyn divorce specialist for free.