Social Security Questions? Ask a Social Security Expert
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.
I believe you are describing an ex spouse and if so, you must have been married at least 10 years and your ex spouse has to have elected to receive their social security benefit. You also have to have remained unmarried (or at least not remarried before age 60) to be eligible for his benefit. If your are in fact divorced then if you ex is at full retirement age (age 66 in 2016) and you have been divorced for at least 2 years then you could receive the benefit as well. Remember the benefit is 50% at full retirement age and does not stack with your normal retirement benefit, so you would receive the higher of the two. The early retirement penalty also applies to the spousal benefit and would decrease the 50% spousal benefit to 32.5%. SS should automatically give you the higher of the two benefits but again your ex spouse must be eligible for his benefit and as have elected to take it or suspended his benefit according to SS rules. So to answer your question, yes you would be eligible fi you meet the requirements I laid out. If you are currently married and not divorced then you would be eligible and do not have to meet the 10 year rule.
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