Understanding Social Security Benefits in an Illinois Divorce

You Cannot Collect Your Own Social Security Benefits and Those of Your Ex-spouse

I am Divorced. Do I qualify for my Ex-husband’s Social Security Benefits?

My former spouse is still living. What are the basics for that set of rules?

  • Your marriage lasted 10 years or longer
  • You are currently unmarried
  • You are 62 or older

How Much are the Social Security Benefits?

The Benefits are Different if Your Ex-spouse is Deceased.

  • You are 60 or older, or 50 if you are disabled
  • Your marriage lasted at least 10 years
  • Your own retirement benefit would not be higher than what you could claim on your ex-spouse’s record
  • And there is a special twist concerning your marital status. If you remarry before age 60 (or 50 if you are disabled), you cannot receive such a benefit. But if you remarry after 60 (50 if disabled), you can.

Things Can be Different if You have a Child Younger than 16.

Multiple marriages qualify as well.

If your ex-husband had a previous ex-wife, which person gets the benefit?

To collect an ex-spouse’s benefit, go online to Social Security or call 1–800–772–1213 (TTY 1–800–325–0778).

Speak to an Experienced Divorce Attorney About the Social Security Benefits of an Ex-spouse



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