Lancaster and St. Louis, PLLC

Schedule A Consultation Today

Lancaster and St. Louis, PLLC

Schedule A Consultation Today

A Fresh Approach To

Family Law In Cabarrus County

PERSONAL SERVICE | ACCESSIBLE

WHAT OUR CLIENTS SAY

“As a dad in a child custody case, I was very scared that I would not get enough parenting time with my young daughter. But, these two attorneys believed in me and helped me get a 50/50 week on/off schedule from the Judge for my daughter. Their hard work and determination blew me away, and I am forever grateful.” -F.

Read More

The attorneys at Lancaster and St. Louis are different than most attorneys — and we like it that way. Since our founding, we have been striving to provide a fresh approach to legal representation in Cabarrus County and the surrounding areas.

What does a fresh approach to legal representation mean? We implement practices that put clients at ease. We tailor our legal services to meet our clients’ individualized needs. Whether through flexible scheduling or direct access and communication with our attorneys, we are focused on providing the superior support and service our clients deserve.

A Fresh Approach To
Family Law In Cabarrus County

Personal Service | Accessible

A Fresh Approach To

Family Law In Cabarrus County

PERSONAL SERVICE | ACCESSIBLE

A Fresh Approach To
Family Law In Cabarrus County

Personal Service | Accessible

You Are Here:

  1. Home
  2.  » 
  3. Divorce
  4.  » Post-divorce: claiming your ex-spouse’s Social Security benefits

You and your ex were married for most of your lives. But after the kids were grown and the spark was gone, you started to question why you were still together. You made the decision to call it quits, and you went through the long process of dividing up all of your shared property from your years together. Now you have your own house, a personal bank account and a single stream of income.

One thing you may not realize, however, is that once you’re divorced, you could still qualify for Social Security benefits from your ex-spouse’s work history. Here’s how it works:

Basic requirements

To claim spousal Social Security benefits, you must meet the following criteria:

  • You were married to your ex for at least a decade.
  • You didn’t remarry.
  • You’re at least 62 (unless your ex has passed away, in which case different eligibility requirements apply for survivor’s benefits).
  • Your spouse is currently eligible to get Social Security benefits.

Retirement timeframe

When you divorced also impacts the requirements you must satisfy.

  • You divorced less than two years ago: You can only claim benefits on your ex’s record if they have already started claiming benefits.
  • You divorced more than two years ago: Your ex’s current benefit status doesn’t come into play. You can claim spousal benefits on your ex’s work history anytime.

Does it make sense to claim spousal benefits?

It’s important to emphasize that it’s only worthwhile to claim spousal benefits if the amount you would stand to receive through this method—which is 50 percent of whatever your ex-spouse would earn—is higher than what you would receive in Social Security benefits through your own work history. It’s worthwhile to fully investigate how claiming spousal benefits would impact your situation.