Are you entitled to your former spouse’s social security benefits?
Hme. Well, it depends. Under New York Divorce law in order for one spouse to get social security benefits of the other, the parties had to have been married for ten years or more. If you have been married for ten years or more then you can receive benefits at your spouse’s retirement–fifty percent of those benefits as a matter of fact. It would not affect how much your spouse gets, by the way. So if your spouse was entitled to $1500 per month from social security, they will still get $1500 per month but you would get $750 per month–so long as the marriage is at least ten years old. Thus, if you have been married 9 years and 8 months, you want to wait another 4 months before filing for divorce. If you can’t wait the full ten years, the answer is no. You cannot get social security from your spouse. This is one instance in which knowing the intricacies of New York divorce law becomes critical. Otherwise a badly timed divorce can cost you big bucks.