Getting divorced may pose many unique questions and situations for Illinois residents to deal with. During a divorce, an emphasis is commonly placed on things like how to split current assets or who will get custody of the children. Other issues are not as in the forefront of you or your spouse’s minds at the time. Social security benefits for divorced persons may be one of those things.
According to Social Security, it is possible to receive money based upon a former spouse’s Social Security earnings and benefits. This most commonly requires your marriage to have lasted a minimum of 10 years. If you wish to claim the benefits you must be at least 62 years old and not be currently remarried at the time. A remarriage that ended either by divorce, annulment or death is acceptable so long as the benefits are claimed and received by you when you are single.
Another requirement that must be met is that your ex-spouse must actually meet the criteria to receive benefits. This can be for disability or for retirement. The final criterium is that your own personal Social Security benefits cannot exceed the amount that would be obtained based upon your former spouse’s benefits. When you claim your divorced Social Security benefits, the amount you will receive will be 50 percent that which your ex-spouse will receive.
This information is not intended to provide legal advice but general information about receiving social security benefits based upon a former spouse’s benefits in Illinois.