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Ask Dr. Fiona Chen Your Own Question
Dr. Fiona Chen
Dr. Fiona Chen, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 355
Experience:  Former IRS Revenue Agent
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Can I collect on my exhusbands social security?

Customer Question

can I collect on my exhusbands social security?
Submitted: 4 months ago.
Category: Social Security
Expert:  Dr. Fiona Chen replied 4 months ago.

Dear SSI Question,

The short answer is yes if you qualify for the following.

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:

  • You are unmarried;
  • You are age 62 or older;
  • Your ex-spouse is entitled to Social Security retirement or disability benefits and
  • 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.
  • Further details are as follows. Please read on.
  • The website for Social Security Administration on the subject is https://www.ssa.gov/planners/retire/divspouse.html
  • Your benefit as a divorced spouse is equal to one-half of your ex-spouse's full retirement amount (or disability benefit) if you start receiving benefits at your full retirement age. The benefits do not include any delayed retirement credits your ex-spouse may receive.
  • 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 and divorced 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.

  • Regards,

  • Fiona Chen, MPA, Ph.D., CPA, ABV, CFF, CITP

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