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Social Security benefits after divorce in Texas

Navigating Social Security benefits in Texas can be difficult, particularly after a divorce or another marriage. Understanding how the federal government views marital changes and how this may affect benefits could provide insight into what to expect.

A divorce may prevent an individual from collecting certain benefits, such as survivor or spousal. This may be of particular concern for individuals that have not amassed a large amount through their own work or their former spouse made more money. However, a person that spent at least 10 years in the marriage may file a claim for spousal benefits. If a former spouse dies, the decade qualifier also applies to survivor benefits. Caretakers of disabled, or children under 16, are also entitled to apply for benefits, even when the marriage did not last for 10 years.

Getting remarried can remove the right to file for a benefits claim from a former marriage. However, after the first year of the new marriage, an individual is typically eligible for spousal benefits from the current spouse. Survivor benefits for individuals that remarry are the same unless the person remarries after the age of 60. Remarriage after 60 keeps survivor benefits eligibility intact and also permits the beneficiary to file for spousal benefits toward the new marriage. One of the advantages of ex-spouses filing for Social Security benefits is that the process is less complicated for a divorcee. As long as the former spouse has reached retirement age, the applicant can pursue benefits.

Many Texas residents are interested in filing for spousal or survivor benefits after a divorce. They may benefit from seeking the assistance of a family law attorney in order to ensure benefit claims are valid.

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