If you have worked at least 10 years and/or earned 40 work credits, you are vested in the SS program. That means once you turn 62, you are eligible for your own SS Retirement benefits regardless of your income or marital status.
If you are married and both you and your spouse worked outside the home, you can each draw your own retirement benefits. Your benefit is independent of what your spouse is eligible to receive.
You have an option. You can draw your own retirement benefit, or if ½ of your spouse’s benefit is greater than your own retirement benefit, you can elect to receive that instead. You only get one, but you can select whichever one that is greater.
Divorce doesn’t necessarily mean you lose all rights to your ex-spouse’s retirement benefit. If you were married for at least 10 years and are unmarried when you become eligible, you can still draw off your ex if that amount is greater than your own.
There are widow’s benefits. Widows can receive some or all of the deceased spouse’s benefits if they were entitled to more SS than you are. You can draw a reduced widow’s benefit as early as age 60.
Please visit our website: www.socialsecurityjustice.com or contact one of our Bailey & Galyen offices for additional information.
