The short answer is maybe. SSA benefits or Social Security Retirement Benefits are dictated by the Social Security Administration and are not divided up by the Illinois Courts. The SSA current rules are that if you are divorced and you were married for at least 10 years, you can receive benefits on your ex-spouse’s record even if they remarried. You just need to meet the following requirements to receive Social Security Benefits under your ex-husband or ex-wife for retirement:
· You are unmarried;
· You are age 62 or older;
· Your ex-spouse is entitled to Social Security retirement or disability benefits; AND
· The benefit you are entitled to personally (based on your own work history) is less than the benefit you would receive based on your ex-spouse’s work history.
Then your benefit as a divorced spouse is equal to one-half (1/2) of your ex-spouse’s full retirement amount (or disability benefit) if you start receiving benefits at your full retirement age.
These benefits are not eligible to you if you remarry and you are currently still married.
If you ex-spouse is eligible for benefits, but hasn’t started taking them yet (usually because they are delaying so that their benefit amount is higher the longer they wait to take), you can still receive benefits if you have been divorced for at least two years.
SSA office has created specific rules and guidance on Social Security benefits of an ex-spouse after divorce. Contact us to be referred to a divorce retirement specialist which are some of the strategic partners we keep relationships with. We work with experienced attorneys in the areas of divorces with retirement assets and Certified Financial Planners that can help assess your retirement situation.