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Protecting Your Rights In Family Matters

What are you entitled to after a long marriage ends?

On Behalf of | Feb 4, 2023 | Divorce

When you file for divorce after a decade or more of marriage, the length of your marriage automatically shifts your divorce into a different bracket. There are certain entitlements for marriages that last that long.

Understanding what you are eligible for when a long marriage ends may help you prepare for the divorce process.

Military benefits after a decade of marriage

If your spouse enlisted during your marriage, you are eligible for a portion of his or her military retirement after the divorce. If the marriage lasted for less than ten years, that portion must come from your former spouse. If it lasted for a decade or longer, you qualify for the Department of Defense to send your portion of the retirement benefits directly to you provided that your former spouse was on active duty during your marriage.

Social Security benefits after ten years of marriage

Social Security allows a former spouse to collect Social Security benefits on their ex’s retirement account. Your marriage must have been at least ten years. In addition, you are at least 62 years old and have not remarried since your divorce. If you meet those qualifications, you can draw Social Security benefits from your former spouse’s fund and wait to draw from yours until you reach full retirement age.

Permanent alimony after two decades of marriage

If your marriage was at least twenty years, Illinois family courts may award you permanent spousal maintenance.

The length of your marriage can directly affect what you are eligible to receive in the settlement.

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