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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13281
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Can I receive social security benefits from my ex-husband if

Customer Question

Can I receive social security benefits from my ex-husband if I have a retirement income from my previous employer as a teacher in Ohio? am 75 years old.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Please provide more details:

Were you working for the STATE of OH has a teacher, or for a private school?

Customer: replied 1 year ago.
I was working for the public schools in Youngstown, Ohio when I retired.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Thank you.

OK, If you are otherwise eligible, (i.e. marriage at least 10 years, etc.) you can apply for a divorced spouse benefit. However, because SS benefits do not allow us to take 2 full benefit amounts when it is government benefits involved (if we didn't pay for both ourselves), you will likely be subject to the GPO (Government Pension Offset). This typically means that your SS dependent benefit (i.e. divorced spouse benefit) will be reduced by 2/3 of your teacher's pension. Often, unfortunately, that means it will be wiped out. But it is worth checking into, certainly, at your local SSA office. (Note that this same ban on double benefits applies to those that don't have teachers' pension or other government agency benefits as well, just regular people who have their own work record SS benefit - they are not allowed to collect a spousal benefit or divorced spousal benefit on top of that either - they give up one or other.)

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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