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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 will turn 66 in July 2016 I plan on letting my social

Customer Question

I will turn 66 in July 2016 I plan on letting my social security grow until I am 70. I was married for over ten years and then divorced for over 20. Never remarried. My question is I have heard I can collect appox 1/2 of my ex spouse's social security. When I turn 66 in July 2016 with out affecting my original benefits ( when I turn 70 )
So is this true? When do I need to file for them ( advance date?) before April 31st.
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.

Here are the requirements to receive the ex spouse benefit: 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 bhenefits

and

3) 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.

The loophole to collect this benefit while still being able to suspend your benefit will be eliminated on May 1, 2016 so yes you need to refile this before that time although you will get a slight deduction for taking it before age 66 but you have to get the benefit while still growing your regular benefit.

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.

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