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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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1/7/2016
Family Lawyer: Loren, Lawyer replied 2 years ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 38,288
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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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