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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35309
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I am currently married to my husband of twelve years. we

Customer Question

I am currently married to my husband of twelve years. we will be divorcing soon. I was married to my ex husband for fifteen years. When can I apply for ss benefits from my former spouse of fifteen years. He is receiving benefits now. I will be 62 in may of 2016
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
As soon as the ink is dry on the divorce decree and the judge has it entered into the record by the court clerk from your second marriage, and so long as you are at least 62 years old, you will immediately qualify to file an ex-spouse benefit claim with social security.
At age 62, you will be entitled to 35% of the full retirement benefit of your ex-spouse. If you wait until age 66 to make the ex-spouse claim, you would be entitled to 50% of his full retirement benefit.
So, if your divorce decree will be final in this second marriage by the time you are 62, you will be eligible for the ex-spouse benefit from your first spouse as of your 62nd birthday, and you may apply for the benefit as much as 3 months early, though payments will not start until you reach 62.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug
Expert:  LawTalk replied 1 year ago.
Hi,
This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might well suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call. Let me know if you don't want a call and I can continue here.
As always, you may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you.
I wish you the best in your future
Doug

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