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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 would like to apply when it is allowed, security benefits

Customer Question

I would like to apply when it is allowed, for social security benefits from my ex husband's benefits. He will be possibly retiring in June of 2016. I know his SS# ***** do not have contact with him. I was married to him for 28 1/2 years. I would like to get what I am entitled to. I am 60 years old at present, but do i need to apply in advance to make sure i get my allowance? I would like to take the steps needed so I am not late in applying. As it is I did not get any alimony benefits that I was entitled to. I just wanted to end the marriage asap and that would have dragged out and cost way too much. I was advised to just end it so I would like to at least collect SS benefits if possible.
Kareen Behr
If you need our SS #s to give more details to me I can furnish them to you.
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.

See link from the Social Security website: https://socialsecurity.gov/planners/retire/divspouse.html

You will need to be age 62 to file for his benefits and not remarried (unless it happened after age 60). From the SS 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 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 benefits 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."

Remember if you file before full retirement age (age 66 this year) your benefit will be reduced per Social Security rules for the early retirement reduction. So it will be up to you when you want to start collecting. A Social Security agent ccan explain to you what benefits you will receive and when and compare this spousal benefit to your normal retirement benefit. Also remember, you will not receive both benefits (the spousal and your normal SS benefits), just the higher of the two.

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.

Just checking back in, do you have any further question? I want you to be satisfied with my service, so please let me know.