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Ask Stephanie O Joy, Esq Your Own Question
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13508
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I am over 70, 72 to be exact and my husband and I are getting

Customer Question

I am over 70, 72 to be exact and my husband and I are getting a divorce. I am now claiming on my SS which is 600 plus after deductions but can I claim on him after divorce. We have been married for 39 years to date.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hi, my name is ***** ***** I thank you for your inquiry. I have been practicing SS law full time for 10+ years and look forward to assisting you.
Yes, either before or after the marriage is over, you can near always consider collecting on a spouse or ex spouse. If you divorce, you must have been married for at least 10 years. The reason why many do not is that spousal benefits are very small - only 35-50% of the spouse's own amount, depending on when you, the other spouse, first started collecting your OWN benefits (i.e. do you have that permanent reduction applied due to collecting early).
Because the amount is usually quite small, many people find that their own benefit amount is still larger.
Given the pending divorce, depending on your marital assets/income, you may want to give serious thought to spousal support demand and/or filing for SSI. If your total income is under about 750 or so, you can get the balance made up for by SSI. If your possibly alimony would be such that you'd barely breach the SSI limit of 750, and if Medicaid is important to you (vs. only Medicare), then the alimony may cause more harm than good. You definitely want to review all these varying factors with your divorce attorney to make sure you don't get one thing only to lose out on other.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Stephanie O Joy Esq., ONLY" if you want me to specifically answer it.
Sincerely, ***** ***** Joy, Esq.
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