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Jonathan Tierney
Jonathan Tierney, Certified Public Accountant
Category: Social Security
Satisfied Customers: 322
Experience:  Tax Accountant at Praxair, Inc.
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How can i get a portion of my ex-husbands social security?

Customer Question

how can i get a portion of my ex-husbands social security?
Submitted: 2 years ago.
Category: Social Security
Expert:  Jonathan Tierney replied 2 years ago.

According to the IRS website found here: http://goo.gl/KKylh2, you qualify for benefits based upon your former spouses earnings record if:

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:

  • 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.

If you remarry, you generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce or annulment).

If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years.

If you are eligible for retirement benefits on your own record we will pay that amount first. But if:

  • the benefit on his or her record is a higher amount, you will get a combination of benefits that equals that higher amount (reduced for age).

​I hope this answers your question. Please let me know if I can clarify anything or answer any additional questions. Thanks, Jonathan