When it comes to divorce, a lot of people aren't aware that they may be able to collect Social Security benefits on their ex-spouse's record. It's surprising how many people get divorced around the 9 1/2 year mark, without realizing that for Social Security purposes, they'd be better off if they held out another six months.

If you get a divorce, your ex-husband or wife can receive benefits on your record, even if you remarry providing the below requirements are met:

• The marriage lasted at least 10 years.
• Your ex-spouse has not remarried.
• Your ex-spouse is at least 62-years-old.
• Your ex-spouse's benefit based on their work record is less than the benefit they would receive on your record.
• You are entitled to receive Social Security (retirement or disability) benefits.

If you qualify for retirement benefits but you have yet to apply for them, your ex-husband or wife can receive benefits on your work record so long as you have been divorced for at least two years.

What if my ex-spouse remarries?

If your ex-spouse remarries, he or she cannot collect benefits on your record unless their marriage is annulled, they get a divorce, or their spouse dies.

If your ex is entitled to Social Security retirement benefits on their own record, Social Security pays that amount first, but if your benefit record is a higher amount, they will get a combination of benefits that equals the higher amount.

Note: If your ex-spouse ultimately receives benefits on your work record, it will have no effect on the amount of benefits that you or your current spouse are entitled to receive.

Do you have additional questions about how Social Security plays a role in divorce? If so, reach out to a divorce attorney from our directory!