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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35406
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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My and wife and I are going through a divorce: I am 68 and

Customer Question

My and wife and I are going through a divorce: I am 68 and she is 62 (last October). We have been married 11 years.
I should receive $3150.00 per month if I wait until I am 70. She did not work outside the home until just before we married. Therefore, she will have 1500.00 at 66.
When does she get 1/2 of my social security? Is it the amount I was entitled to at 66 or the amount at 70?
Can she get my 1/2 plus her entitled amount or does she have to choose? Pruitt
Submitted: 11 months ago.
Category: Social Security
Expert:  LawTalk replied 11 months 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.

Your wife will not qualify to apply for a spouse benefit unless you file and suspend your benefits now, or when you finally begin getting your benefit---which looks like when you turn 70.

When she turns 66 she will be entitled to 50% of the amount that you were eligible for at age 66. She will never get more than that. She may not take a spouse benefit and her own at the same time. She may take only 1 benefit and that will be the one that pays her the most as determined by social security.

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 be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug