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Potential for Social Security Benefits after Divorce

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Although you are divorced, you may be surprised to know that you still may be entitled to receive social security benefits on your former spouse’s work record. Even if your former spouse has remarried! However, if you have remarried, you normally cannot collect benefits on your former spouse’s record unless your subsequent marriage ends. According to the Social Security Administration, you can receive benefits if:

• Your marriage lasted 10 years or more;
• You are 62 years of age or older;
• You are unmarried;
• Your former spouse is entitled to Social Security retirement or disability benefits; and
• The benefits that you are entitled to receive based on your own work record are less than the benefits you would receive based on former spouse’s record.

What if your former spouse hasn’t applied for benefits?

If your former spouse has not applied for benefits, you still may receive benefits on his or her record if (1) your former spouse qualifies for them, and (2) you’ve been divorced for at least two years.

What if you are eligible for benefits?

If you’re eligible for benefits, Social Security will pay that amount first. However, if your former spouse qualifies for a greater amount, you will receive a combination of benefits equivalent to the greater amount (reduced by age). If you have reached full retirement age and you qualify for a former spouse’s benefit and your own benefit, you will have a choice to receive only the former spouse’s benefits and delay receiving retirement benefits until later.

What if your former spouse is now deceased?

If your former spouse has died, you may still be able to receive benefits just as a widow or widower would. Your marriage to the worker must have lasted 10 years or more. If you care for a child who is (1) under 16 or is disabled and (2) is getting benefits on your former spouse’s record, the length of the marriage doesn’t matter. The child must be a natural child of your former spouse or legally adopted by your former spouse.

New Department of Veterans Affairs Accreditation

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I am pleased to report that as of February 24, I am now an accredited attorney for the preparation, presentation, and prosecution of claims for veteran’s benefits before the Department of Veterans Affairs (VA). If you are the surviving spouse of a veteran, and in need financial assistance, please call and set a time for us to get together to see if veteran’s benefits might be available to you.

Don’t Just Plan for Disability – Avoid It!

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Chronic illness… it’s a major cause of disability for seniors, and can be a retirement dream-killer. Travel. Golf. A retirement home in the country. It sidelines daily passions. Walks. Painting. Knitting. Crossword puzzles. Playing on the floor with grandchildren.

One way you can help yourself live a “disability-free” or “disability-reduced” life in your senior years is exercise in midlife. A recent study reported in the Archives of Internal Medicine indicates that being physically fit in midlife (over 50) may do many important things for us not just now, but down the road. Being physically fit can:

  • prevent some seniors from ever developing chronic conditions;
  • let other seniors live longer while healthy before developing chronic illness.

The study also shows that midlife fitness may actually shrink the number of years seniors spend coping with chronic illness altogether. It may help us live better and longer, more healthy years and fewer sick ones.

So what can you do to help avoid disability? Start exercising. Of course, you should consult your physician before getting started, especially if you have any known medical issues. If you already have a regular exercise routine, the study suggests that increasing the intensity of your workout can help even more. If you usually go for a walk, try going for a jog instead. Stay on the treadmill a little longer. Put in a little more effort now and reap the benefits later on.