There are many perks of being married that you lose when you get a divorce in Texas. You no longer get the nice tax break from filing as a married couple. You may not get to keep your home. You may have to get a job or work more hours because you do not have two incomes anymore. However, there are some benefits that you do not lose. One of those may be access to the Social Security benefits of your ex-spouse.
AARP explains that if your marriage lasted 10 years or more, you generally can collect Social Security benefits from your ex-spouse’s earnings. This does not mean he or she will lose benefits. This is just your right as a former spouse that allows you to benefit from his or her work record to ensure you get the most benefits possible.
In addition to having a marriage that lasted at least 10 years, you also need to be at least 62 years old and your ex-spouse must be collecting his or her Social Security benefits or at least 62 years old. Also, you cannot have remarried. If you collect benefits for yourself, you can choose to switch to your ex-spouse’s benefits if you would receive more that way.
Keep in mind that during your divorce, Social Security may come up. If this happens, know that your ex-spouse cannot make you agree to not collect on his or her earnings. It is not something he or she has control over. It is your right to collect those benefits as long as you meet the requirements to do so. This information is for education and is not legal advice.