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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 15588
Experience:  Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level
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I am getting a legal separation. I have been married for eleven

Resolved Question:

I am getting a legal separation. I have been married for eleven and half years. I am 59, my wife is 43 and on disability. My question is, when I am 62 and still legally separated, is my spouse entitled to any of my SS benefit. If so, how much or what percentage?
Submitted: 1 year ago.
Category: Social Security
Expert:  Megan C replied 1 year ago.

MyVirtualCPA :

I realize you have a question about social security. My goal is to help you better understand your options.

MyVirtualCPA :

Your wife is not eligible for benefits off your account until she is 62, and at that point, it's about 35% of your benefit amount. If she waits til full retirement age of 66 then it would be 50% of your amount

MyVirtualCPA :

Also, her receiving a benefit will not impact your benefit - you will still get the full amount. Her benefit is in addition to you

MyVirtualCPA :

Your wife is still eligible for this benefit, even if you divorce provided that she does not get remarried

MyVirtualCPA :

However, when your spousal support is calculated by the courts, your social security will count as income so up to 20% of your benefit could be given to her as spousal support

MyVirtualCPA :

Do you have any further questions?

Customer:

The last sentence I am not clear. Does that mean when I turn 62 or she turns 62 to get spousal support and court up to 20 percent?

MyVirtualCPA :

It means that when the court sets your spousal support up, you could have to pay up to 20% of your benefit - for spousal support

Customer:

So basically when I turn 62 should can get 20 percent if set by the court and not set by SS. Sorry for my confusion

MyVirtualCPA :

No, now - she can get up to 20% of your disability when they set spousal maintenance. She will still get a social security benefit off your record, when SHE turns 62. This is in addition to any amount set by the court as spousal maintenance

Customer:

got it. can you respond be sent to my email?

MyVirtualCPA :

Yes, the site will send you an email

MyVirtualCPA :

If you are satisfied with the conversation, please rate as 'excellent' so that I may receive credit for assisting you today

Customer:

Thank you

MyVirtualCPA :

You're welcome

Megan C, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 15588
Experience: Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level
Megan C and other Social Security Specialists are ready to help you
Expert:  Megan C replied 1 year ago.
Thank you for your positive rating. Please come back and visit MyVirtualCPA for any of your social security, tax, and finance needs. It was a pleasure working with you today.

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Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level