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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
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 currently 59 yrs old but when I am 62 i would like to

Customer Question

Hi....i am currently 59 yrs old but when I am 62 i would like to use my ss however my monthy income received from my ss will be less than $800.00
Can i pull from my ex husbands ss ..we were married for 10 yrs and he is still living....he made more $$$$ than I ever did when he worked...he is retired now
Thank u
Valerie B.
Submitted: 2 years ago.
Category: Social Security
Expert:  LawTalk replied 2 years ago.
Good afternoon Valerie,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
When you turn 62 you may make either your own retirement claim with social security, or you may make an ex-spouse claim---whichever pays you more money.
Keep in mind that the maximum ex-spouse benefit that anyone may receive is limited to a maximum of 50% of the full retirement benefit of their ex. And to get that 50% you must not make the ex-spouse claim until you are full retirement age. By taking the ex-spouse benefit earlier (at age 62) than full retirement age, your benefit will be decreased from 50% to just 35%---which may or may not be a better deal for you than your own benefit at that time.
All you have to do though is apply for the ex-spouse benefit at 62 and social security will give you the greater of the two benefits---your own benefit or an ex-spouse benefit.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Customer: replied 2 years ago.
My apologies. .he worked and retured from the govern.ent so he didnt have ss taken this a different avenue I should explore ?
Expert:  LawTalk replied 2 years ago.
If he never paid into social security, then there is no ex-spouse benefit for you to make a claim against.
There is no over avenue for you to explore. You have you social security retirement benefit available and that will be all. There is no other social security benefit available to you under this circumstance. I am sorry.
I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.
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.
Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.
Thank you in advance. I wish you the best in your future,