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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37440
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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i am 70. i took early benefits. my ex-husband is 5 years

Customer Question

i am 70. i took early benefits. my ex-husband is 5 years older. i worked for corporation. my husband was 5 years in air force and then joined local fire dept where he has retired after working for 25+ years. we divorced in 1988 after 28 years of marriage. am i eligible for any benefits from his ss>
Submitted: 3 years ago.
Category: Social Security
Expert:  LawTalk replied 3 years ago.

Good afternoon Jean,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

As an ex-spouse, you do have the ability to apply for either your own social security benefit based on your lifetime earnings, or an ex-spouse benefit based on your ex husband's lifetime earnings.

You say that you too early retirement, and if by that you mean that you took social security at age 62, then you would qualify for 35% of the full retirement benefit that your ex was eligible for at age 66. If that 35% is greater than the benefit you are collecting on your own record, then social security will be happy to switch you over.

When your ex-husband dies, if you survive him, you will be eligible for an ex-spouse survivor benefit so long as you are not then married and were remarried before age 60. The ex-spouse survivor benefit is equal to 100% of the benefit amount that your ex is collecting at the time of his death.

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If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction

I wish you the best in your future.


Expert:  LawTalk replied 3 years ago.
Good evening Jean,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards XXXXX XXXXX

If there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile:

Thank you very much and take care.