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Collecting survivor benefits from an ex-spouse after divorce

After a divorce there can still be many financial repercussions. One issue can be whether Social Security survivor benefits can be collected from an ex-spouse.

A person may be eligible for survival benefits from an ex-spouse if certain conditions apply. First, in order for the spouse to receive survivor benefits they must be at least 60 years old or 50 if they are disabled. Second, they must have been married to the deceased ex-spouse for at least 10 years. And finally, they can't be remarried before age 60, or if they did remarry before age 60 that marriage must have ended. If these three qualifications have been met then the spouse is entitled to up to 100 percent of the deceased's monthly Social Security benefit. If more than one ex-spouse has died you can switch between the deceased ex-spouses to get the larger benefit. A person cannot collect their own Social Security and their deceased ex-spouse's, however.

Social Security is just one aspect of a divorce that can be complicated. A divorce attorney can help a person navigate their divorce and make sure all matters are addressed. An experienced family law attorney can help a spouse focus on what is important, as it can sometimes be hard for a spouse to get past their emotions and focus on the future.

A divorce is an emotionally traumatic time for many people. A divorce attorney is an ally who can make sure their client's best interests are being met both now and in the future.

Source: huffingtonpost.com, "Does an ex-spouse qualify for survivor benefits?", Carrie Schwab-Pomerantz, Nov. 9, 2015

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

She will take the time to understand your individual needs and develop a comprehensive solution to protect your rights and interests.

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