Can I collect from my husbands' social security if I am divorced? 7 Answers as of October 24, 2011

Generally speaking, if you are married to someone for ten or more years, you are entitled to social security derivative benefits, even if you are divorced from that person. However, you should consult with an attorney who specializes in that area because there are exceptions to that rule. For example, if you remarry, then you may lose those derivative benefits. You may also want to speak with a Social Security Administrator to get more facts and information. This is a very complicated area of the law and you are encouraged to call an expert in the area sooner rather than later. Good luck.

You are still able to get the derivative social security benefit.

No. A spouse does not collect from their spouse's social security however, if a couple was married 10 years or more, a spouse, or ex spouse, may have their social security entitlement based on their former spouse's wages. This does not reduce the social security payable to the earning spouse.

No. Since you have been married for more than 10 years, after divorce you will be entitled to your own social security benefit, independent of your husbands benefit. Generally, your benefit will be approximately of what his total benefit is OR the full amount you would be entitled to on your own, whichever is more. Social Security disability benefits are separate and independent from social security retirement benefits and have no connection to your husbands social security benefits.

It is possible, but you need this to be specifically awarded in the divorce. The judge will examine the financial situation of both you and your husband, and see what support is owed to you, and how much money he would have to spare to support you. I often handle divorce cases in New York State and can discuss this matter more in depth with you if you wish.

You are entitled to equitable distribution. Very likely, this means that you will get part of the assets that you earned and he earned during your marriage. There are special rules concerning Social Security.