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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 68 and receiving SS. I was married years then divorced.

Customer Question

I am 68 and receiving SS. I was married for 13 years then divorced. My ex is now receiving her SS. Am I entitled to a part of her SS and vice-versa? Thank you.
Submitted: 9 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 9 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.

Yes, as long as you were married for 10 years or more and did not remarry before age 60 then each of you would be entitled to a spousal benefit based on the others retirement benefit. Remember this benefit is 50% at full retirement age which is reduced if you take it early. For example, it is 32.5% at age 62. Also remember that the spousal benefit and your retirement benefit do not stack. You can only take the higher of the two benefits. You also can only take the spousal benefit if the other is receiving their retirement benefit.

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