Specifically, they receive benefits equal to the greater of the following: When marriages exceed ten years, divorced spouses who don’t remarry are entitled to social security benefits. This means if you are legally separated, you can still claim social security benefits. Possible Social Security Benefits at Retirementįor social security purposes, a spouse is still considered a spouse as long as they are legally married. If you are considering going down this path, make sure to check the fine print of your benefits package. Depending on the health plan, legally separated couples may be able to continue their existing coverage.Ī word of warning: some health plans don’t distinguish between a legal separation and divorce, and might deny benefits for both. Once a divorce is final, most employer health plans will no longer cover the ex-spouse. Why Get a Legal Separation? Keep Your Spouse’s Health Insurance In Illinois, you do not have to be legally separated before getting a divorce.
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