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Ask Megan C Your Own Question
Megan C
Megan C, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 16576
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

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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?

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 and other Social Security Specialists are ready to help you
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.