Many clients never ask their divorce lawyer in Broward about their entitlement to their spouse's social security retirement benefit. However, your Florida marital and family law attorney should advise you as to your entitlement to your spouse's Social Security retirmenet benefit as an incident to your divorce since you may be entitled to receive additional money. If you are divorced, you may be entitled to your former spouse's Social Security retirement. This would increase your benefit without reducing your former spouse's benefit. If you were married for 10 years, are at least 62 years old and have not remarried when you apply, Social Security will look at both your benefit and your spouse's benefit. If 50% of your former spouse's benefit is more then your benefit, you are entitled to the larger share of the benefit. While you do not have to wait until your former spouse retires, he or she must be 62 years of age.
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