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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was married 40 years to the same man. We divorced April

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I was married 40 years to the same man. We divorced April 11, 2014. I am 63 years old. He is 62 but has not retired yet. Am I entitled to ex-spouse benefits? I am receiving benefits from my own early retirement but its not enough to live on.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I know of
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, if you have been married for 40 years you are entitled to a Social Security spousal benefit even if you divorce as long as you do not remarry. SS will determine whether you make more on your SS or under his SS and will give you only one or the other, you cannot collect both your own SS and your spousal benefit under him. You can get this even if he has not yet retired.
Also, you could qualify for alimony, depending on your needs and ability to work.
In addition you qualify to receive at least 1/2 of the marital property in the divorce.
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