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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2677
Experience:  associate attorney
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I am a divorced spouse who was married years. I am receiving

Customer Question

i am a divorced spouse who was married for twenty years. I am receiving my social security benefits. Can I receive any part of my ex husband social security benefits?
Submitted: 10 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 10 months 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: https://socialsecurity.gov/planners/retire/divspouse.html

"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. If you are eligible for retirement on your own record, we will pay that amount first. But if the benefit on his or her record is a higher amount, you will get a combination of benefits that equals that higher amount.

If you:

(1) continue to work while receiving benefits, the retirement earnings limit still applies. If you are eligible for benefits this year and are still working, you can use our earnings test calculator to see how those earnings would affect your benefit payments.

(2) will also receive a pension based on work not covered by Social Security, such as government or foreign work, your Social Security benefit on your ex-spouse's record may be affected."

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.

Expert:  Christopher B, Esq. replied 10 months 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.

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