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My wife will be 62 in June. My wife will be 62 in June can…

Customer Question
My wife will be...

My wife will be 62 in June

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

My wife will be 62 in June can she draw part of my SS

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Self employed

Submitted: 3 months ago.Category: Employment Law
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Answered in 17 minutes by:
4/23/2018
Employment Lawyer: Marsha411JD, Lawyer replied 3 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,987
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. Assuming that you are already receiving SS retirement benefits, or will apply when your spouse does, then she would potentially be entitled to the spousal benefit payment based on your earnings. The process and calculation scenario is, as you might suspect, complicated.

One thing to keep in mind is that since she was born after January 2, 1954, she can no longer just claim benefits under your earnings record. In other words, she must file for early retirement benefits on her own earnings account. When she does so, the SSA will check to see under which account (hers or yours) she was receive the highest payment from. That is the one that she will receive payment under. However, since she is retiring before full retirement age her benefits are permanently reduced.

The best thing to do to figure out if this is what she wants to do is to go to both of the following SSA links. They explain the calculation process with the second one offering a "calculator" to attempt to see what her payments will be close to if she does this. Here are the links: https://www.ssa.gov/planners/retire/applying6.html

https://www.ssa.gov/OACT/quickcalc/spouse.html

Once you have reviewed all of the information at the links I provided, if you still have questions, I can try to assist you with those. If no further assistance is needed, then is you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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