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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2922
Experience:  associate attorney
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Do I qualify spouse social security?

Customer Question

Do I qualify for ex spouse social security?
Submitted: 1 year ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

From the social security website:

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

(1) You are unmarried;

(2) You are age 62 or older;

(3) Your ex-spouse is entitled to Social Security retirement or disability benefits and

(4) The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.

If you remarry, you generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce or annulment).

If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years.

See link for ss website:https://socialsecurity.gov/planners/retire/divspouse.html

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Customer: replied 1 year ago.
I am not 62 yet and my Social Security will be more then my ex-husband but he passed away July 2015 and I heard that there is a benefit if ex spouse dies. Is that true?
Expert:  Christopher B, Esq. replied 1 year ago.

See link for social security website: https://socialsecurity.gov/planners/survivors/survivorchartred.html

Yes there is a benefit if the ex spouse dies. You can begin that benefit as early as age 60 but the benefits will be reduced because you have not yet achieved full retirement age. The rule of taking your spousal benefit and suspending your benefit is changing in May of 2016 where this no longer can occur but as of now it can. See link: https://get.com/blog/social-security-spousal-benefits-rules-change/

Please let me know if you have nay further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq. replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer if satisfied (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.

Expert:  Christopher B, Esq. replied 1 year ago.

Any chance for a positive rating?