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HOW CAN I RECEIVE SOCIAL SECURITY BENEFITS By James H. Allison, Attorney at Law
7737 Olentangy River Road Anyone who contributes to the social security system can receive their share of social security benefits when they qualify for same upon retirement or disability. A spouse of a person contributing to social security can also receive certain derivative benefits as a result of the marriage, provided the marriage lasted at least 10 years. The primary spouse must be eligible for benefits in order for the derivative spouse to receive benefits. The primary spouse must be at least age 62 and fully insured, even if not actually receiving benefits in order for the derivative spouse to be eligible to receive benefits. The derivative spouse can also collect benefits from social security if the primary spouse should die before the derivative spouse dies. The widower benefits are double the amount and can be collected starting at age 60 rather than age 62. If the derivative spouse remarries after the divorce, he or she will not be eligible for derivative benefits from a contributing primary spouse who has remarried. However, if the subsequent remarriage ends, the derivative spouse could collect benefits once again from that former primary spouse. The derivative spouse can lose widow’s benefits if the derivative spouse remarries before age 60, but not if he or she remarries after age 60. Delaying the marriage until age 60 results in no loss of benefits. Remarriage does not preempt eligibility for disabled surviving spouses or disabled divorced surviving spouses who marry between the ages of 50 and 59. Most employers are required to offer health insurance coverage to a spouse or divorced spouse if employment or a marriage terminates. This required coverage is set forth in the Consolidated Omnibus Budget Reconciliation Act, referred to as (COBRA). Within so many days of the filing of Divorce Decree, the divorced spouse would apply for a continuance of the health insurance coverage for 3 years with premiums to be paid by that divorced spouse. The employer must allow the health insurance coverage to continue for up to three years provided the applicant spouse pays the premiums. The advantage to this coverage is the benefit of the group insurance rates available to the divorcing spouse. |