Can I Collect Social Security from My Ex Spouse in Louisiana?

older woman talking with younger man in suit

When you and your spouse get a divorce, it’s important to understand what your rights during these times are. For many older adults, going through a divorce can be incredibly overwhelming, as you may be ending a decades-long marriage. In addition, if you were financially dependent on your spouse, you may worry about how you will support yourself if you have been out of the workforce for years. However, you should know that you may be eligible to collect Social Security benefits on behalf of your ex-spouse. Keep reading to learn what qualifications you must meet to be eligible and why you should connect with a Monroe, Louisiana divorce lawyer to protect your rights.

Am I Eligible to Collect Social Security From My Ex?

To collect social security on behalf of your ex-spouse, you must meet several requirements. As such, you must meet the following qualifications:

  • You must have been married to the eligible spouse for at least ten years
  • You must be at least 62 years old
  • You cannot be married

It’s important to understand, however, that if your spouse has passed away, you are eligible to start collecting at age 60. If your spouse passed away and you as the surviving spouse are disabled, you can begin collecting at age 50.

You should also know that if you remarry and your second spouse has passed away, you can claim social security benefits from your first spouse if you were married for 10 years, or from your second spouse if you were married for at least nine months before their passing.

What Else Should I Know About This Option?

Generally, if you qualify to collect Social Security from your spouse, you can recover one-half of your ex-spouse’s benefits. Additionally, if your ex-spouse remarries your payments will not be impacted. However, if your spouse is deceased, you may be able to collect up to 100% of their benefits.

You should know that your ex-spouse will not know that you are collecting Social Security on their behalf. It will not impact their payments. Additionally, if you were married twice, with both lasting at least ten years, you are entitled to the higher of the two benefits.

When you reach retirement age, you will not be able to collect both your ex-spouse’s Social Security and your own. However, you are eligible to receive whichever benefits are higher – whether that be the full amount of your own or half of your ex’s.

As you can see, there are many considerations you must make regarding your social security benefits and your divorce. That’s why working with an attorney is critical. At Breithautp, DuBos, & Wolleson, LLC, our dedicated legal team will do everything possible to assist you through these complex times. If you need assistance with your divorce, connect with us today to discuss your circumstances.

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