Benefits For A Divorced Spouse A divorced spouse can get benefits on a former husband or wife's Social Security record if the marriage lasted at least 10 years. The divorced spouse must be 62 or older and unmarried. If the spouse has been divorced at least two years, he or she can get benefits, even if the worker is not retired. However, the worker must have enough credits to qualify for benefits and be age 62 or older. The amount of benefits a divorced spouse gets has no effect on the amount of benefits a current spouse can get.
Survivor Benefits Unmarried children under the age of 18, (up to age 19 if they are attending elementary or secondary school full time) are entitled to survivor benefits if your former spouse passes away. The child would also be entitled to survivor benefits if he or she was disabled before age 22 and remained disabled. Under certain circumstances, benefits can also be paid to stepchildren, grandchildren, adopted children, or dependent parents age 62 or older.
Benefits for Surviving Divorced Spouses If your former spouse passes away, you can get benefits under the same circumstances that your former spouse's widow or widower would get if your marriage lasted 10 years or more. You do not have to meet the length-of-marriage rule if you are caring for your child who is under 16 or disabled and who is also getting benefits on your Social Security record. The child must be your former spouse's natural or legally adopted child.
Benefits paid to a surviving divorced spouse who is age 60 or older (50-60 if disabled) will not affect the benefit rates for other survivors getting benefits.
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