Divorce and Social Security spousal benefits

Spousal benefits are available even after the marriage ends. As Marina Shepelsky, the CEO and founding attorney at Shepelsky Law in Brooklyn, New York, explained: “Even after divorce, spouses are able to receive benefits that are based on their ex-partner’s record, as long as certain requirements are met.

This still applies if one spouse never worked or had no earnings on the record.” As for requirements, the first thing that needs to be mentioned is that you must have been married for a minimum of 10 years to apply for spousal benefits through your ex-spouse.

Besides, you might need to have been divorced for a minimum of two years, and your current status must be single (unmarried). However, if you decide to marry someone else after getting divorced, you won’t be eligible for spousal benefits through your ex, but you might be eligible for the benefits of your current spouse.

Also, if your second marriage ends in divorce, you get to choose which spousal benefits are the best, as long as the needed requirements are met (one of them is that both of your marriages lasted a minimum of 10 years).