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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 30325
Experience:  More than 30 years in legal practice.
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I am 62 and my ex husband is turning 65 next month. I was

Customer Question

I am 62 and my ex husband is turning 65 next month. I was married to him for 26 years and I need to apply for social security retirement based on his earnings record. Every time I talk to social security they give me a different answer as to when I can qualify. Once they told me I have to wait till he starts collecting ssa benefits , today they told me as long as we are both over 62 I qualify. So I don't know where to get a correct answer
Submitted: 1 month ago.
Category: Employment Law
Expert:  Loren replied 1 month ago.

I am Loren, a Florida licensed attorney, and my goal is to answer your question and provide you excellent service.

Expert:  Loren replied 1 month ago.

A person can receive benefits as a divorced spouse on a former spouse’s Social Security record if he or she:

1. Was married to the former spouse for at least 10 years;
2. Is at least age 62 years old;
3. Is unmarried; and
4. Is not entitled to a higher Social Security benefit on his or her own record.

In addition, the former spouse must be entitled to receive his or her own retirement or disability benefit. If the former spouse is eligible for a benefit, but has not yet applied for it, the divorced spouse can still receive a benefit if he or she meets the eligibility requirements above and has been divorced from the former spouse for at least two years.

Generally, SSA cannot pay benefits if the divorced spouse remarries someone other than the former spouse before age 60, unless the latter marriage ends (whether by death, divorce, or annulment), or the marriage is to a person entitled to certain types of Social Security auxiliary or survivor's benefits.

Expert:  Loren replied 1 month ago.

Are you online with me?

Expert:  Loren replied 1 month ago.

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Thank you!

Loren

Expert:  Loren replied 1 month ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

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Thank you!