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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13549
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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Divorced after 20 year marriage. What social security benefits

Customer Question

Divorced after 20 year marriage. What social security benefits available from former spouse?
Submitted: 2 years ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 2 years ago.
Hi, my name is ***** ***** I thank you for your inquiry. I have been practicing SS law full time for 10+ years and look forward to assisting you.
Starting at age 62, you can collect a divorced spousal benefit if you are not remarried. But it can be as low as 35% of his primary insurance amount, so many recommend you keep working as til at least full retirement age before collecting a divorced spousal.
If you collect a government pension, and didn't pay SS taxes ON YOUR WORK that created that pension, your divorced spousal benefit can be reduced by the Government Pension Offset, sometimes down to zero. This is because divorced spousal benefits require we be 'dependant' as defined by SSA, so we can't often claim two benefits, be it Government pension or our own SS benefit from our own SS paid work.
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