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Navigating Social Security Benefits in an Ohio Divorce Case


Understanding Social Security Benefits:


Social Security benefits play a crucial role in retirement planning, providing financial security for individuals and their families. These benefits are based on an individual's work history and are earned through the payment of Social Security taxes. However, in the context of divorce, the division and allocation of these benefits can become a complex matter.


Eligibility for Social Security Benefits:


To receive Social Security benefits based on your ex-spouse's work history, certain eligibility criteria must be met. These include:


  1. Length of Marriage: To claim benefits based on your ex-spouse's earnings record, the marriage must have lasted for at least ten years.

  2. Age Requirement: Typically, you must be at least 62 years old to be eligible for Social Security retirement benefits.

  3. Status of the Ex-Spouse: Your ex-spouse must be entitled to Social Security retirement or disability benefits for you to claim benefits based on their record.


If an ex-spouse receives Social Security benefits based on their own work record in addition to being eligible for benefits based on their former spouse's work record, their benefits will be calculated separately. However, they may receive the higher of the two benefit amounts, not both.


For example, let's say an ex-spouse is entitled to $500 per month based on their own work record and $700 per month based on their former spouse's work record. In this case, they would receive the $700 benefit amount, as it is higher than their own benefit.

It's important to note that while an ex-spouse may be eligible for benefits based on their former spouse's work record, the actual benefit amount they receive will depend on various factors including their age, the amount of the former spouse's benefit, and whether they have other sources of income such as their own Social Security benefits or a government pension that may affect the total amount they receive.


Call our office to ensure you receive the benefits you're entitled to and protect your financial future during this challenging time.

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