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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 10110
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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I am 64 and collecting social security. My ex husband is 65

Customer Question

I am 64 and collecting social security. My ex husband is 65 and is collecting also. He has since remarried but I have not. Am I able to tap in to his social security and if so how do I go about it.
Submitted: 4 months ago.
Category: Social Security
Expert:  Lane replied 4 months ago.

Hi,

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Yes, you can collect a spousal benefit as long as you have not remarried and were married for 10 years.

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If 1/2 of his benefit is larger than your benefit, then Social Security will raise your benefit TO that level.

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Benefit's cannot be "stacked," however ... meaning that you cannot add the spousal benefit that would be eligible for on your ex's work record ON TOP of your benfit.

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Yor benefit CAN, howevefr, be taken up TO the spousal benefit if it is higher then your cuddent benefit.

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You can read more about that from Social Security here: https://www.ssa.gov/planners/retire/divspouse.html

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From Social Security:

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"If you are eligible for retirement benefits on your own record anddivorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount."

Expert:  Lane replied 4 months ago.

You can apply:

  • Online, if you are within 3 months of age 62 or older, or
  • By calling our national toll-free service at 1-***-***-**** (TTY 1-***-***-****) or visiting your local Social Security office. An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to apply.

You can help by being ready to:

  • Provide any needed documents; and
  • Answer the questions listed below.

Documents you may need to provide

We may ask you to provide documents to show that you are eligible, such as:

  • Birth certificate or other proof of birth;
  • Proof of U.S. citizenship or lawful alien status if you were not born in the United States [More Info];
  • U.S. military discharge paper(s) if you had military service before 1968;
  • W-2 forms(s) and/or self-employment tax returns for last year.
  • Final divorce decree, if applying as a divorced spouse; and
  • Marriage certificate.

Important

We accept photocopies of W-2 forms, self-employment tax returns or medical documents, but we must see the original of most other documents, such as your birth certificate. (We will return them to you.)

Do not delay applying for benefits because you do not have all the documents. We will help you get them.

Expert:  Lane replied 4 months ago.

Please let me know if you have any questions at all.

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If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the faces or stars on your screen, and then clicking “submit")

Otherwise I’m working for no crediting at all here

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Thank you!

Lane

I hold a law degree, (Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.

Expert:  Lane replied 4 months ago.

Hi,

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I’m just checking back in to see how things are going.

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Did my answer help?

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Let me know…

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Thanks

Lane

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