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The Law Offices of James A. Cuddy, LLC

Call To Find Your Way Forward 203-583-8256

Call To Find Your Way Forward 203-583-8256

Direct, Honest And Fair Family Law Solutions

Can you collect Social Security using an ex-spouse’s record?

On Behalf of | Jan 19, 2022 | Divorce

When you split from your Connecticut spouse and have a limited work history, you may question whether you might be able to collect Social Security Disability Insurance or retirement benefits based on your ex-husband or ex-wife’s work record. Typically, if your marriage lasted at least 10 years and your spouse qualifies for Social Security, you should be able to collect these benefits.

According to CNBC, about 30% of Americans do not realize that they may qualify for Social Security through an ex-spouse.

How much you might collect

When you collect spousal benefits based on a former spouse’s record, there are limits to how much you get each month. Under these circumstances, you are eligible to collect up to 50% of what your spouse collects per month. For this reason, if you do have a work history of your own, it might make sense to see whether you might be able to collect more using your own record than that of your former spouse.

How collecting benefits impacts your ex

If you do qualify for Social Security spousal benefits, know that your decision to do so does not impact how much your former husband or wife takes home. He or she still qualifies for the same amount per month even if you decide to take spousal benefits based on his or her record.

Keep in mind that you should be able to retain access to your spouse’s Social Security benefits, provided you qualify, even if he or she remarries. However, if you remarry, you typically become ineligible to collect Social Security using your former partner’s record.