Last page edit 12/17/07

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Divorced Spouse - Social Security

Name   Divorced Spouse - Social Security
Non-Financial Eligibility Conditions  

You must meet all the following conditions:

  • You are the divorced spouse of a wage earner who is entitled to retirement or disability benefits.

  • You were validly married at least 10 years prior to final divorce

  • You are not currently married.

  • You must be 62 or older (and not entitled to your own social security benefit which is greater than the divorced spouse benefit) and

  • You must have been divorced for at least 2 years.

Income Eligibility Conditions   None
Asset Eligibility Conditions   None
Benefit   One half the wage earner's "full benefit" amount. The full benefit amount is based on the wage earner's work history.

In 2007, the maximum monthly benefit is $2,116

Estimating the wage earners Social Security Benefits

How your benefit is calculated.

Apply At   Social Security Office.  Locate your Social Security Office
Appeals

 
  • You can appeal any denial, termination, or reduction of benefits

  • You must file an appeal within 60 days of the date of the written notice with which you disagree.

  • In addition, you have a 5 day "grace period" to allow for the mailing of the notice to you, making the total amount of time you have to file an appeal 60+5 days.
     

Source of the Funds   Social Security Trust Fund
You Also Would Be Eligible For   None
Sources of Law

 

Federal Law: 42 U.S.C. § 402(b)&(c), 42 U.S.C §416(d)

Federal Regulations: 20 C.F.R. §§ 404.331 

Federal Policy Materials 

Other  
Source: Maryland Legal Assistance Network (MLAN)

Date of last legal review April 2007 (MLAN/GG)

Is this legal advice? This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  See our section on Finding Legal Help.

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

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