Am I entitled to my husband’s Social Security benefits if we divorce?

Asked on July 21, 2015 under Family Law, South Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Quite possibly. An ex-wife/husband may be able to collect on their ex-wife's/husband's record if they: have been married to each other for at least 10 years; are at least 62 years old; are unmarried; and not be eligible for an equal or higher benefit on theirr own Social Security record or on someone else's Social Security record.

The SSA's (Social Security Administration) website provides additional information; you can google for the link.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.