Social Security Benefits Post-Divorce
After a divorce a former spouse may be able to claim under his/her former spouse’s social security benefits. If the parties were married at least 10 years and the spouse wanting to exercise this option is 62 or older and not remarried he/she would have the option to claim under his/her former spouse’s social security. Basically, he/she would have the option of claiming under his/her own social security or under the former spouse’s social security. The former spouse does not need to be receiving benefits so long as he/she is eligible to claim them and the parties have been divorced at least 2 years.