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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27621
Experience:  Lawyer
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My husband and I are considering Legal Separation. We are in

Customer Question

My husband and I are considering Legal Separation. We are in agreement on this matter. We are needing to find out if I would be able to draw his Social Security even if he is not drawing it and has not retired. I have read some Social Security articles on line and they say divorced spouces can draw but not married. Please give me an answer asap. Thank You
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.
Social Security does not provide divorced spouse benefits to couples that have obtained a legal separation rather than a divorce, they provide spousal benefits. What that means is that you would have to meet the requirements for spousal benefits - you must be at least age 62, married for at least 10 years, and your husband must be receiving benefits. If your husband is full retirement age, he could apply for benefits and then suspend them, which would allow you to receive benefits based on his earnings record, but he would be able to get delayed retirement credits toward his own benefits.
http://ssa.gov/planners/retire/yourspouse.html#a0=1
Note that to get divorced spouse benefits when your husband is eligible for but not receiving benefits, you'd have to have been divorced for at least two years, so even if a legal separation were treated as a divorce, you'd have to wait two years before you could claim benefits on his record.
You also have the ability to seek spousal support until your husband reaches full retirement age, as part of a legal separation or divorce, to ensure that you have enough income to meet your needs.
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