If I file for a divorce, what right does she have to my social security disability and my retirement ?

Attorney answers (1)

1. 

   Michelle Gottesman

   Troy Social Security Lawyers

   Contributor Level 11

   2

   Helpful votes

   Answered March 28, 2010 21:09. Ex-spouses are only eligible for benefits based upon the other ex-spouse's earnings record if they were married for at least 10 years.
   
   Then, it depends on the kind of benefit in question.
   
   For disability benefits, the ex-spouse has to be at least 50 years of age, meet SS's definition of "disabled" and not be eligible for a higher benefit based upon his/her own record or someone else's.
   
   For retirement, the ex-spouse will be eligible for early retirement (as early as age 60) or full-retirement based upon the the other ex-spouse's earnings record if he/she is not re-married and not eligible for a higher benefit based upon his/her own record or someone else's.
   
   Any benefits your ex-spouse may receive will not impact the amount of your benefit. It is separate.
   
   The following link takes you to one of the Avvo legal guides I've written and may answer some other questions you have:
   
   http://www.avvo.com/legal-guides/ugc/benefits-f...
   
   If my answer was helpful, please rate it accordingly.

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