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I am 63. My ex wife is 66, still working and starting

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collecting her SS. Can I...
I am 63. My ex wife is 66, still working and starting collecting her SS. Can I collect any from her account? Thanks.
Submitted: 2 years ago.Category: Family Law
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Answered in 24 minutes by:
1/7/2016
Family Lawyer: Loren, Lawyer replied 2 years ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 39,885
Experience: 30 plus years of experience.
Verified

Possibly. A person can receive benefits as a divorced spouse on a former spouse’s Social Security record if he or she:

1. Was married to the former spouse for at least 10 years;
2. Is at least age 62 years old;
3. Is unmarried; and
4. Is not entitled to a higher Social Security benefit on his or her own record.

In addition, the former spouse must be entitled to receive his or her own retirement or disability benefit. If the former spouse is eligible for a benefit, but has not yet applied for it, the divorced spouse can still receive a benefit if he or she meets the eligibility requirements above and has been divorced from the former spouse for at least two years.

Generally, SSA cannot pay benefits if the divorced spouse remarries someone other than the former spouse before age 60, unless the latter marriage ends (whether by death, divorce, or annulment), or the marriage is to a person entitled to certain types of Social Security auxiliary or survivor's benefits.

You can contact the nearest SSA office to make application and see if you qualify.

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Family Lawyer: Loren, Lawyer replied 2 years ago

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