If you are married, you naturally benefit from your spouse's Social Security payments if they have reached the age of retirement because you live in the same household. Even if the two of you divorce, the federal government does a pretty good job of making sure you are still able to benefit from your ex-spouse's Social Security payments. Since you spent part of your working life with your spouse and may have even helped to support them, you may be entitled to some of their retirement even if you get a divorce. Take a look at some of the reasons why you may need a Social Security attorney to help you get the share of your spouse's benefits.
Your spouse has not filed for retirement even though they are at an age when they can.
If your spouse has already reached the age of retirement but they have not filed for benefits, it does not always mean that you cannot get Social Security payments from your spouse. However, this kind of situation can make the process of obtaining the benefits a little more complicated. Having legal guidance through the process of trying to get benefits when your ex has not yet done so could be a good idea for you.
You have no idea where your spouse is located or how to find them.
If you are no longer in contact with your ex-spouse, it may be best to get the aid of an attorney to help you through the process of filing for spousal benefits. The attorney can help you find out if your ex has already filed for their own benefits and possibly where they are located so you are capable of getting the process going. It is not at all uncommon for people to lose contact after they have been divorced for several years, so some attorneys deal with this problem fairly often.
You have already started receiving your own Social Security benefits.
If your spouse is younger than you and you have already applied for your own Social Security and are drawing monthly payments, it can be a little more tricky to get benefits from your ex-spouse with the Social Security Administration. The Social Security office can help you work through this process, but some people run into issues that could require legal assistance. For example, if your ex does not draw quite as much as you do from Social Security, you could run into issues.
For more information, contact a Social Security attorney.
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