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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10318
Experience:  Experienced Family Law Attorney
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Can I draw off of my husbands retirement? We are in the

Customer Question

Can I draw off of my husbands retirement? We are in the process of getting a divorce after 51 yrs of marriage,
have been separated two years, Jan.6,2016. He will be 75, March 3, 2016, I will be 69 on April 22, 2016. Please, I need help as he draws more than I do.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Yes, a divorced spouse may claim benefits based on the ex's account.

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:

A subsequent marriage will prevent continued benefits under his account.

  • 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.

    Note: 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 atyour full retirement age.

Expert:  LegalGems replied 1 year ago.

The application is here:

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