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What happens to survivor benefits after divorce?

On Behalf of | Sep 14, 2017 | Military Divorce |

If you are currently going through a divorce in Ohio, you may have a lot of questions about what to expect. If your spouse was involved in the military, you likely have even more to wonder about. There are many things that are unique to military divorces, one of them being the survivor benefits and how your divorce will affect them.

According to the Social Security Administration, you may still be eligible to receive survivor benefits if you and your marriage meet certain qualifications. The first requirement is that you have been married for at least 10 years. If you divorced before you completed the first decade of marriage, you will not be eligible for any benefits. This rule does not apply if you are caring for children who are under the age of 16 or disabled, but they must be the natural or adopted children of you and your ex-spouse.

If you were married for 10 years or more, you can still qualify to receive survivor benefits from your divorced spouse. Remarriage can affect whether or not you will receive these, depending on your age. If you are disabled and remarry after the age of 50, your benefits will not be affected. They will also remain the same if you are not disabled and marry after you have reached 60 years old.

The survivor benefits paid to your children can also be unaffected if they meet certain qualifications, although the amount you receive can affect the amount they are paid in some situations. This information is intended for your education and should not be taken as legal advice.


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